Borough of Matawan, NJ Police Regulations

All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (A.N.S.I.), or its successor body.

A-WEIGHTED SOUND LEVEL

Shall mean the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designed dB(A) or dBA.

COMMERCIAL AREA

Shall mean a group of commercial facilities and the abutting public rights-of-way and public spaces.

COMMERCIAL FACILITY

Shall mean any premises, property, or facility involving traffic in goods or furnishings of services for sale or profit, including but not limited to:

Banking and other financial institutions;

Dining establishments;

Establishments for providing retail services;

Establishments for providing wholesale services;

Establishments for recreation and entertainment;

Office buildings;

Transportation;

Warehouses.

DECIBEL (DB)

Shall mean a unit for measuring the volume of a sound equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.

EMERGENCY

Shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

EMERGENCY WORK

Shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

GROSS VEHICLE WEIGHT RATING (GVWR)

Shall mean the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (CGWR) which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicles shall be used.

MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE

Shall mean any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.

MOTOR VEHICLE

Shall mean any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles, but not including motorcycles.

MOTORBOAT

Shall mean any vessel which operates on water and which is propelled by a motor, including, but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.

MOTORCYCLE

Shall mean an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters and minibikes.

MUFFLER OR SOUND DISSIPATIVE DEVICE

Shall mean a device for abating the sound of escaping gases of an internal combustion engine.

NOISE

Shall mean any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

NOISE CONTROL OFFICER

Shall mean the Borough Code Enforcement Officer, or his duly designated representative.

NOISE DISTURBANCE

Shall mean any sound which:

Endangers or injures the safety or health of humans or animals; or

Annoys or disturbs a reasonable person of normal sensitivities; or

Endangers or injures personal or real property.

NOISE SENSITIVE ZONE

Shall mean any area where a school, hospital, house or workshop, daycare center, nursing home, public library, senior citizen center, residence or court is located.

PERSON

Shall mean any individual, association, partnership, or corporation, and shall include any officer, employer, department, agency or instrumentality of a State or any political subdivision of a State.

PUBLIC RIGHT-OF-WAY

Shall mean any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

PUBLIC SPACE

Shall mean any real property or structures thereon which are owned or controlled by a governmental entity.

REAL PROPERTY

Shall mean an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

RMS SOUND PRESSURE

Shall mean the square root of the time averaged square of the sound pressure denoted Prms.

SOUND

Shall mean an oscillation in pressure, particle, displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

SOUND LEVEL

Shall mean the weighted sound level pressure obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American Nation Standards Institute specifications for sound level meters (ANSI SI.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

SOUND LEVEL METER

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.

SOUND PRESSURE

Shall mean the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

SOUND PRESSURE LEVEL

Shall mean 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals. The sound pressure level is denoted Lp or SPL and is expressed in decibels.

WEEKDAY

Shall mean any day Monday through Friday which is not a legal holiday.

§ 3-1.2 Powers and Duties of the Noise Control Officer.

[1971 Code § 25-2]

Enforcement. The noise control program established by this section shall be administered by the Code Enforcement Officer of the Borough of Matawan who shall have the overall responsibility to coordinate the implementation and enforcement of this section.

Review of Public and Private Projects for Compliance. The Noise Control Officer shall review public and private projects, subject to mandatory review or approval by other Borough departments, for compliance with this section, if such projects are likely to cause sound or vibration in violation of this section.

Delegation of Authority. The Noise Control Officer may delegate functions where appropriate to other agencies and/or departments of the Borough of Matawan.

§ 3-1.3 Maximum Permissible Sound Levels.

[1971 Code § 25-3]

Limitations Not to Be Exceeded. No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth in Table I.

Table I
Maximum Permissible Sound Levels by Receiving Land Use Category
Sound Source Land Use		Residential			Commercial and Industrial
		Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level dB		Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level dB
Residential 7:00 a.m. — 10:00 p.m.	60 dBA	31.5 63 125 250 500 1k 2k 4k 8k	91 77 69 62 58 55 52 50 48	65 dBA	31.5 63 125 250 500 1k 2k 4k 8k	91 77 69 62 58 55 52 50 48
Residential 10:00 p.m. — 7:00 a.m.	50 dBA	31.5 63 125 250 500 1k 2k 4k 8k	86 71 61 53 48 45 42 40 38	65 dBA	31.5 63 125 250 500 1k 2k 4k 8k	91 77 69 62 58 55 52 50 48
Commercial and Industrial 7:00 a.m. — 10:00 p.m.	65 dBA	31.5 63 125 250 500 1k 2k 4k 8k	96 82 74 67 63 60 57 55 53	65 dBA	31.5 63 125 250 500 1k 2k 4k 8k	96 82 74 67 63 60 57 55 53
Commercial and Industrial 7:00 a.m. — 10:00 p.m.	50 dBA	31.5 63 125 250 500 1k 2k 4k 8k	86 71 61 53 48 45 42 40 38	65 dBA	31.5 63 125 250 500 1k 2k 4k 8k	96 82 74 67 63 60 57 55 53

Exemptions.

Domestic power tools, i.e. lawn mowers, chain saws, when operated with a muffler between the hours of 8:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 9:00 p.m. on weekends and holidays.

Agricultural equipment.

Noise from Church bells and Church chimes.

Noise from construction activity, except as provided in subsection 3-1.5b3.

Noise from motorboats except as addressed in subsection 3-1.5c.

Functions and activities sanctioned, administered or approved by any governmental body or agency.

§ 3-1.4 Motor Vehicle Maximum Sound Levels.

[1971 Code § 25-4]

Motor Vehicles and Motorcycles on Public Rights-of-Way.

No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the level set forth in Table II.

Table II
Motor Vehicle and Motorcycle Sound Limits (Measured at 50 feet or 15 meters)
	Sound Level in dBA
Vehicle Class	Speed Limit 34 m.p.h. or less	Speed Limit over 35 m.p.h.	Stationary run-up
Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR of 10,000 lbs. or more	86	90	88
All other motor vehicles of GVWR or GCWR of 10,000 lbs. or more	86	90	——
Any motorcycle	82	86	——
Any other motor vehicle or any combination of vehicles towed by any motor vehicle	76	82	——

Adequate Mufflers or Stand Dissipative Devices; Motor Vehicles or Motorcycles.

No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with original muffler or equivalent replacement in good working order and in constant operation.

No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle.

Recreational Motorized Vehicles Operating Off Public Rights-of-Way.

No person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table III at a distance of 50 feet (fifteen [15] meters) or more from the path of the vehicle when operated on a public space or across the boundary or private property when operated on private property. This subsection shall apply to all recreational motorized vehicles whether or not duly licensed and registered.

Adequate Mufflers or Sound Dissipative Devices; Recreational Motorized Vehicles.

Shall be determined in accordance with subsection 3-1.4b.

Table III
Recreational Motorized Vehicle Sound Limits (Measured at 50 Feet or 15 Meters)
Vehicle Type	Sound Level, dBA
Motorcycle	Unit Mfg. before 1975 86 dBA Unit Mfg. after 1975 84 dBA
Any other vehicle	Unit Mfg. before 1975 84 dBA Unit Mfg. after 1975 84 dBA

§ 3-1.5 Prohibited Acts.

[1971 Code § 25-5; Ord. No. 08-26]

Unnecessary Noise Prohibited. No person shall make, continue or cause or permit to be made verbally or mechanically any unnecessary noise (noise disturbance). Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this subsection.

Violations. The following acts, and the causing thereof, are declared to be in violation of this section:

Sound Reproduction Systems. Operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device which reproduces or amplifies sound:

(a)

In such a manner as to create a noise disturbance at 50 feet (fifteen [15] meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space;

(b)

In such a manner as to be available to every person other than the operator of the device;

(c)

This section shall not apply to noncommercial spoken language.

Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential property boundary or within a noise sensitive zone.

Construction. Operating or permitting the operation of any hand or power tools or equipment used in construction, drilling, or demolition work:

(a)

Between the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone, except for emergency work of public service utilities or by special variance issued pursuant to subsection 3-1.6.

Places of Public Entertainment.

(a)

Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces or amplifies sound in any place of public entertainment as to produce a maximum sound level on a residential real property boundary pursuant to subsection 3-1.3a.

(b)

Operating, playing, or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than 100 dBA as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating "WARNING SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."

Refuse Compacting Vehicles. Operating or permitting to be operated Refuse Compacting Vehicles between the hours of 6:00 p.m. and 7:00 a.m. the following day in residential areas.

Motorboats. Control of noise from motorboats shall be consistent with the New Jersey Administrative Code (7:6-6.1 et seq.).

Alarms. Sounding or permitting the sounding of any exterior burglar alarm or any motor vehicle burglar alarm unless such an alarm is automatically terminated within 15 minutes of activation. This section shall not be interpreted to apply to fire alarms.

§ 3-1.6 Exceptions and Variances.

[1971 Code § 25-6]

Provisions Not Applicable to Emergency Related Noises. The provisions of this chapter shall not apply to:

The emission of sound for the purpose of alerting persons to the existence of an emergency;

The emission of sound in the performance of emergency work.

Special Variances. The Noise Control Officer shall have the authority, consistent with this section, to grant special variance which may be requested pursuant to subsection 3-1.5b3.

Federal Occupational Safety and Health Act. The Noise Control Officer shall not enforce any noise regulations within the jurisdiction of the Federal Occupational Safety and Health Act.

§ 3-1.7 Enforcement.

[1971 Code § 25-7.2]

Penalties.

Any person who violates any provision of this section shall be liable to the penalties established in Chapter 1, Section 1-5.

Each day of violation of any provision of this section shall constitute a separate offense.

Abatement Orders.

Except as provided in paragraph 2 below, in lieu of issuing a notice of violation as provided in subsection 3-1.7c., the Noise Control Officer is responsible for enforcement of any provision of this section and may issue an order requiring abatement of any source of sound alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.

An abatement order shall not be issued.

(a)

For any violation covered by subsection 3-1.7a2;

(b)

When the Noise Control Officer has reason to believe that there will not be compliance with the abatement order.

Notice of Violations. Violation of any provision of this section shall be cause for a notice of violation to be issued by the Noise Control Officer.

Part II.

Additional Noise Prohibitions

§ 3-1.8 Noise Prohibitions.

[1971 Code § 14-2]

Unlawful Actions. It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.

Definitions of Noise. Without intending to limit the generality of paragraph a above, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:

Radios; Televisions; Phonographs. The playing, use or operation of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m., so that it is clearly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 8:00 a.m., or at any time or place, which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling or other type of residence or of any persons in the vicinity.

Animals; Birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 5, Animal Control.

Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus or other vehicle except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time.

Exhaust. The discharge into the open air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.

Defect in Vehicle or Load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.

Construction or Repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 9:00 p.m.; the carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m. In case of urgent necessity or in the interest of public health or safety, the Director of Public Works may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which permit such work may be carried on between 8:00 p.m. and 7:00 a.m.

Schools; Courts; Churches; Hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.

The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.

Exception. Nothing herein contained shall be construed to apply to:

The use of bells, chimes or sound amplifiers by churches engages in church activities.

Activities of municipal departments in the performance of their duties, drills or public demonstration.

Activities in public parks, playgrounds or public buildings under permission or authority or municipal officials.

The playing by a band or orchestra in a hall or building or in the open air, where duly authorized.

Sound Trucks Prohibited. No person shall operate or cause to be operated, any sound truck either for commercial or noncommercial purposes in the Borough with sound amplifying equipment in operation.

Noncommercial Use of Sound Amplifying Equipment.

Registration Required. No person shall use, or cause to be used, any sound amplifying equipment for noncommercial purposes in the Borough before filing a registration statement with the Borough Clerk in writing. This registration statement shall be filed in duplicate and shall state the following:

(a)

Name and address of the applicant.

(b)

Name and address of the person who owns the sound amplifying equipment.

(c)

Name and address of the person having direct charge of the sound amplifying equipment.

(d)

The purpose for which the sound amplifying equipment will be used.

(e)

A statement identifying the place or premises on which the sound amplifying equipment will be used.

(f)

The proposed hours of operation of the sound amplifying equipment.

(g)

The number of days of proposed operation of such equipment.

(h)

A general description of the sound amplifying equipment which is to be used:

(i)

The maximum sound producing power of the sound amplifying equipment, including the wattage to be used, the volume in decibels of the sound which will be produced, and the approximate maximum distance that the sound can be heard.

Registration Statement Amendment. Any person using or causing to be used sound amplifying equipment for noncommercial purposes shall amend any registration statement filed pursuant to paragraph e of this subsection within 48 hours after any change in the information furnished.

Registration and Identification. The Borough Clerk shall return to each applicant one copy of the registration statement, duly certified by the Clerk as a correct copy of the registration. The certified copy of the registration shall be in possession of any person operating the sound amplifying equipment at all times while it is in operation, and the copy shall be promptly displayed and shown to any Police Officer upon request.

Regulations for Use. Noncommercial uses of sound amplifying equipment shall be subject to the following regulations:

(a)

The only sounds permitted are music or human speech.

(b)

Operations are permitted for four hours of each day, except on Sundays and legal holidays when no operation shall be authorized. The permitted four hours of operations then shall be between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:00 p.m. and 6:00 p.m. The sound amplifying equipment shall not be operated within 100 yards of hospitals, schools or churches.

(c)

The human speech and music amplified shall not be profane, lewd, indecent or slanderous.

(d)

The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the sound amplifying equipment and so that the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.

§ 3-1.9 Engine Braking.

[Ord. No. 04-11 §§ 1, 2]

Definitions. As used in this section:

ENGINE BRAKING

Shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual or explosive noise from such vehicle.

Prohibition. It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any road within the Borough, any mechanical exhaust or decompression device which results in the practice known as "engine braking."

Exceptions. The provisions of this subsection shall not apply to the application of compression brakes for emergency purposes when necessary for the protection of persons and/or property.

Violations and Penalties. Any person violating any provision of this subsection shall be subject to penalties as set forth in Chapter 1, Section 1-5.

Signs Posted. The Borough is hereby authorized to post at reasonable locations within the Borough signs indicating the prohibition of engine braking, subject to any approvals which may be required by the New Jersey Department of Transportation and/or Monmouth County.

§ 3-2 LITTER.

§ 3-2.1 Definitions.

[1971 Code § 14-1.1]

As used in this section:

AIRCRAFT

Shall mean any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word aircraft shall include helicopters and lighter-than-air dirigibles and balloons.

AUTHORIZED PRIVATE RECEPTACLE

Shall mean a litter storage and collection receptacle as required and authorized in the refuse collection system.

COMMERCIAL HANDBILL

Is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:

Which advertises for sale any merchandise, product, commodity or thing.

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

Which directs to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to the meeting, theatrical performance, exhibition, or event of any kind, when either the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this definition shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where the license is or may be required by any law of the State or Borough.

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

GARBAGE

Shall mean putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

LITTER

Shall mean garbage, refuse and rubbish as defined herein, and all other used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or flowing material or any trash, debris, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.

NEWSPAPER

Shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the united states, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law, and in addition - shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

NONCOMMERCIAL HANDBILL

Shall mean any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

PARK

Shall mean a park, reservation, playground, recreation center or any other public area in the Borough owned or used by the Borough and devoted to active or passive recreation.

PERSON

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

PRIVATE PREMISES

Shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private, residential purposes whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to the dwelling, house, building or other structure.

PUBLIC LITTER RECEPTACLE

Shall mean a container suitable for the depositing of litter.

PUBLIC PLACE

Shall mean all streets, sidewalks, boulevards, alleys, beaches or other public ways, and all public parks, squares, spaces, docks, grounds and buildings.

REFUSE

Shall mean all putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial waste.

RUBBISH

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.

VEHICLE

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 on stationary rails or tracks.

§ 3-2.2 General Prohibition.

[1971 Code § 14-1.2]

No person shall sweep, throw, deposit or dump litter in or on any property, whether occupied, open or vacant and whether owned by that person, or in a public place or pond, lake or stream or other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection.

§ 3-2.3 Placing in Receptacles.

[1971 Code § 14-1.3]

Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner which prevents the litter from being carried or deposited by the elements upon a public place or private property.

§ 3-2.4 Sweeping Litter into Gutters Prohibited.

[1971 Code § 14-1.4]

No person shall sweep into or deposit in a gutter, road, right-of-way or other public place within the Borough the accumulation of litter from a building or lot or from a public or private sidewalk or driveway. All persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

§ 3-2.5 Litter Thrown by Persons in Vehicles.

[1971 Code § 14-1.5]

No person while a driver or passenger in a vehicle shall throw or deposit litter in or upon any public or private property.

§ 3-2.6 Transportation from Outside Borough.

[1971 Code § 14-1.6]

No person shall bring, cart, remove, transport or collect any litter from outside the Borough and bring it into the Borough for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the Borough shall be parked or allowed to remain standing on any street in the Borough or on any public property for a period in excess of two hours.

§ 3-2.7 Merchants Duty to Keep Sidewalk Free of Litter.

[1971 Code § 14-1.7]

No person 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 driveway or sidewalk. Persons owning or operating places of business within the Borough shall keep the sidewalk in front of their business premises, as well as areaways, courts, and alleys free of litter at all times; provided, however, that no person shall be prosecuted for a violation of this section unless such litter condition persists for a period of 48 hours or more after written notice to the person by the Police Department or Health Department to clear the litter from the premises.

§ 3-2.8 Litter in Parks.

[1971 Code § 14-1.8]

No person shall throw or deposit litter in any park within the Borough except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.

§ 3-2.9 Dropping Litter From Aircraft.

[1971 Code § 14-1.9]

No person in an aircraft shall throw out, drop or deposit within the Borough any litter, handbill or any other object.

§ 3-2.10 Posting Notices Prohibited.

[1971 Code § 14-1.10]

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.

§ 3-2.11 Handbills.

[1971 Code § 14-1.11]

Throwing or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the Borough for any person to hand out or distribute, without charge to the receiver, any noncommercial handbill to any person willing to accept it.

Placing Commercial and Noncommercial Handbills on Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

Depositing Commercial and Noncommercial Handbills on Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporary or continuously uninhabited or vacant.

Prohibiting Distribution of Handbills Where Property Posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on the premises in a conspicuous position near the entrance a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any handbills left upon the premises.

Distributing Commercial and Noncommercial Handbills at Inhabited Private Premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting the handbill directly to the owner, occupant or other person then present; provided, that in the case of inhabited private premises which are not posted, as provided by this subsection, the person, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit the handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets, or other public places. Mailboxes may not be so used when prohibited by Federal postal law or regulations.

Exemptions for Mail and Newspapers. The provisions of this subsection shall not apply to the distribution of mail by the United States nor to newspapers.

§ 3-3 DRUG-FREE SAFETY ZONES.

§ 3-3.1 Drug-Free Safety Zone Map Adopted.

[1971 Code § 14-12.1; Ord. No. 98-19 § 1; Ord. No. 2015-11 §§ 1,2]

In accordance with and pursuant to the authority of N.J.S.A 2C:35-7, et seq., the Drug-Free School Zone map for the Borough of Matawan, County of Monmouth, State of New Jersey, prepared by T&M Associates Consulting Engineers, with the latest revision dated April 16, 2015, is hereby approved and adopted as an official finding and record of the locations and areas within the Municipality of property that is used for school purposes and which is owned by or leased to educational institutions or school boards, and of the areas within 1,000 feet of such property.

The provisions of Ordinance 3-3, et seq., are supplemented and amended by the insertion of the referenced Drug-Free School Zone map for the Borough of Matawan, County of Monmouth, State of New Jersey, prepared by T&M Associates Consulting Engineers, with the latest revision dated April 16, 2015, which is being adopted herewith.

§ 3-3.2 Location and Boundaries of Public Facilities and School Property.

[1971 Code § 14-12.2; Ord. No. 98-19 § 1; Ord. No. 2015-11 § 3]

The Drug-Free Safety Zone Map approved and adopted pursuant to subsection 3-3.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to the Borough or to any elementary or secondary school or school board which is used for public or 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 Borough or school property and Drug-Free Safety Zones.

§ 3-3.3 Notification of Changes in Location and Boundaries.

[1971 Code § 14-12.3; Ord. No. 98-19; Ord. No. 2015-11 § 4]

Borough Clerk, 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 the Borough or any elementary or secondary school or school board and which is used for public or school purposes.

§ 3-3.4 Copies of Map on File.

[1971 Code § 14-12.4; Ord. No. 2015-11 § 5]

The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-1.1, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.

§ 3-3.5 Map To Be Used as Evidence.

[1971 Code § 14-12.5; Ord. No. 98-19; Ord. No. 2015-11 § 6]

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

It is understood that the map approved and adopted pursuant to subsection 3-3.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:

The location of public facilities and elementary and secondary schools within the Borough;

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

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

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

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) the Borough or a school or school board and was being used for public or school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7.

Pursuant to the provisions of N.J.S.A. 2C:35-7, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-3.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public or school purposes and which is owned by or leased to the Borough or any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is now owned by or leased to the Borough or school board, or that such property is not used for public or school purposes.

All of the requirements set forth in N.J.S.A. 2C:35-7 et seq. concerning the preparation, approval and adoption of a Drug-Free Safety Zone Map have been complied with.

§ 3-3.6 Possession or Consumption of Cannabis by Underaged Persons on Private Property.

[Added 8-4-2021 by Ord. No. 21-13]

It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes a cannabis item on private property.

Any person violating this section, in the case of an adult under the legal age to purchase cannabis items, shall be punished as follows:

If the cannabis item possessed is an amount which may be lawfully possessed by a person of the legal age to purchase cannabis items pursuant to N.J.S.A. 2C:35-10a: for a first offense, a civil penalty of $100; for a second offense, a civil penalty of $200; and for a third or subsequent offense, a fine of $350. The civil penalties provided for in this section shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the Penalty Enforcement Law of 1999. The Municipal Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

If the cannabis item possessed is an amount that exceeds what may be lawfully possessed by a person of the legal age to purchase cannabis items pursuant to N.J.S.A. 2C:35-10a, or if any cannabis item is consumed: for a first offense, a fine of $250; and for a second or subsequent offense, a fine of $350.

§ 3-4 CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.

[1971 Code § 11-8]

[Editor's Note: See Chapter 6, Alcoholic Beverage Control, for additional provisions concerning Alcoholic Beverages.]

Prohibited in Certain Public Places. No person shall consume an alcoholic beverage in any motor vehicle, or other vehicle, or on any street, or in any public place other than in a place licensed to sell or dispense alcoholic beverages for consumption on the premises in the Borough.

Violation; Penalty. No person violating this section shall be subject to the penalty stated in Chapter 1, Section 1-5.

§ 3-5 ABANDONED VEHICLES.

Prior Ordinance history includes portions of 1971 Code §§ 14-5.1 — 14-5.5.

§ 3-5.1 Legislative Determination.

[Ord. No. 10-11]

It is hereby determined and declared that the placing, abandonment, leaving, keeping or storage out-of-doors of any motor vehicle not currently in use for transportation and not licensed for the current license year or any other unused machinery or equipment on public or private lands in the Borough is contrary and inimical to the public welfare in that such articles so placed, abandoned, left, kept or stored attract or may attract persons of tender years who, being so attracted, may play in and about them and be injured in so doing, and in that such articles so placed, abandoned, left, kept or stored out-of-doors, exposed to the elements deteriorate and in themselves are unsightly and, deteriorating, become more unsightly and are detrimental to and depreciate the value of properties in the neighborhood where they are located and in the Borough as a whole.

§ 3-5.2 Purpose.

[Ord. No. 10-11]

This section is adopted for the preservation of the public health, welfare and safety in that old or deteriorating vehicles, machinery and other junk are not merely unsightly but are attractive to young children who may be injured when playing in the neighborhood, and also breed disease when becoming infested with vermin and trapping foul water. It is the objective of this section to remove the causes of such effects.

§ 3-5.3 Definitions.

[Ord. No. 10-11]

As used in this section:

PERSON

Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

PROPERTY

Shall mean any real property within the Borough which is not a street or highway.

STREET OR HIGHWAY

Shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

VEHICLE

Shall mean a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery, and includes, without limitation automobile, truck, trailer, motorcycle, tractor, buggy, wagon, boat and aircraft.

§ 3-5.4 Outdoor Storage Prohibited.

[Ord. No. 10-11]

Storage Restrictions. No person shall place, abandon or leave, keep or store, or suffer or permit the placing, abandoning, leaving, keeping or storage of, any article described in subsection 3-5.1 out-of-doors upon any public or private land in the Borough or between the right-of-way side lines of any street or public highway. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage, barn or other building.

Exceptions. Vehicles with historic significance, such as sleds, wagons or antique motor vehicles may be displayed for historic, ornamental or decorative purposes on private property if kept in good condition for display, and the surrounding area is properly maintained. To qualify for display as having "historic significance," a vehicle must be at least 25 years old and not present an eyesore to the neighborhood.

§ 3-5.5 Presumptive Evidence.

[Ord. No. 10-11]

If any article described in subsection 3-5.1 shall be left, placed, kept or stored on private lands for 30 days or more, it shall be presumed that the owner, tenant or occupant in possession of this land left, placed, kept or stored it here or permitted or suffered it to be left, placed, kept or stored there.

§ 3-5.6 Service of Notice of Violation.

[Ord. No. 10-11]

Whenever it shall appear to any member of the Police Department or Property Maintenance/Building Code Officer of the Borough that subsection 3-5.1 is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner, tenant or occupant in possession of the land on which the violation exists to abate the violation by removing the article or articles constituting the violation from the Borough or into an enclosed garage, barn or other building within 30 days of the service of the notice, which notice shall be served upon such owner, tenant or occupant, if he resides in the Borough, personally, or by leaving it at his usual place of abode with some member of his household over the age of 18 years; but if any such owner, tenant or occupant shall reside outside the Borough, the notice shall be served upon him by registered or certified mail addressed to him at his usual residence if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the Borough may be published, and the owner, tenant or occupant shall so abate the violation within the time fixed by the notice but in no event for a period of less than 30 days of the production of the notice or mailing of the certified notice of violation.

§ 3-5.7 Procedure for Removal of Violations.

[Ord. No. 10-11]

Whenever it shall appear to any member of the Police Department or Property Maintenance/Building Subcode Official or other duly authorized law enforcement officer of the Borough of Matawan that subsection 3-5.1 is being violated and that the violation exists on public lands or between the right-of-way side lines of any public street or public highway he shall:

Determine whether any article constituting the violation constitutes or may constitute a traffic hazard, and if so, he shall move it or cause it to be moved to a nonhazardous location or into an enclosed storage place.

Shall ascertain, if he can, who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 30 days after the service of the notice upon him, which notice shall be given as required in subsection 3-5.6.

If an article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location or if the name of the owner cannot be ascertained or if the violation is not abated within the time required by the notice given under paragraph a2 above.

(a)

Determine whether the article has a value in excess of the cost of moving it to enclosed storage and the cost of storing it for three months in the case of motor vehicles and for six months for all other articles.

(b)

Unless the article appears to have a value clearly in excess of such cost, he shall arrange, if he can, for the removal of it by someone who will undertake that removal without cost to the Borough, but otherwise he shall arrange for that removal at the expense of the Borough to an authorized dump.

(c)

If the article appears to have a value clearly in excess of the cost, he shall remove it or cause it to be removed at the expense of the Borough to enclosed storage.

If the article is removed under paragraph a1 or paragraph a3b or c, the member of the Police Department or duly authorized law enforcement officer of the Borough of Matawan shall, in the manner required by subsection 3-5.6 for service of notice thereunder, give notice to the owner of that removal and of the place to which the article has been removed and of the owner's right to reclaim it by paying the cost of removal and interim storage charges.

§ 3-5.8 Procedure Upon Noncompliance.

[Ord. No. 10-11]

In the event the name and address of the owner of the vehicle cannot be ascertained or if the owner has not caused the violation to be abated within the time provided by the notice, the Police Department may take possession of the article in the same manner and following the same procedure as established by N.J.S.A. 12A:9-101 or as otherwise may be provided by law.

§ 3-6 OFF-ROAD VEHICLES.

§ 3-6.1 Prohibitions on the Operation of Off-Road Vehicles.

[Ord. No. 01-13 § a.]

It shall be unlawful for any person to operate an off-road motor vehicle, including motorcycles, minibikes, trail bikes, motor scooters, go-carts, all-terrain vehicles (ATV's), dune buggies or any such other vehicle in the class known as "off-road recreational vehicle" under the following circumstances:

On private property of another without the express written permission to do so by owner or lessee of the property. Failure to post signs does not imply consent for off-road vehicle use.

On public grounds, public school grounds, park property, playgrounds and recreation areas without express provision or written permission do so by the proper public authority.

In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of others.

In a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any other person.

Within the right-of-way of any public street within the Borough, unless the vehicle complies with all State laws relating to motor vehicles to be operated on the streets and highways. An off-road vehicle may be towed on the streets in compliance with all laws relating to towing.

While under the influence of intoxicating beverages or controlled dangerous substance.

Between the hours of 9:00 p.m. and 7:00 a.m.

§ 3-6.2 Purpose.

[Ord. No. 01-13 § b.]

The Borough Council hereby enacts this regulation because it finds that the operation of such motorized vehicles has been conducted:

In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace, quiet and tranquility of others; and

In a careless, reckless or negligent manner so as to endanger, or be likely to endanger, the safety of persons or property, whether of others or themselves.

§ 3-6.3 Exceptions.

[Ord. No. 01-13 § c.]

The terms and provisions of this section shall not be applicable to Police or other emergency vehicles, including but not limited to ambulances, motorcycles, fire control vehicles and the like; or to motorized lawnmowers, tractors, farm vehicles or construction equipment.

§ 3-6.4 Confiscation Where Authorized.

[Ord. No. 01-13 § d.]

The Division of the Police of the Borough of Matawan is hereby authorized to confiscate and impound any motorized vehicle, which is operated in violation of the terms of this section. All towing charges, as well as storage fees, shall be pursuant to regulations established by Borough ordinance. The confiscation shall be for a period not to exceed 30 days for the first offense and not to exceed 60 days for any subsequent offense.

§ 3-6.5 Penalty.

[Ord. No. 01-13 § e; New]

Any person who shall be adjudicated to have violated the terms of this section shall be subject to the penalties stated in Chapter 1, Section 1-5.

§ 3-7 FIREARMS.

[1971 Code § 14-7]

No person shall have in his possession any loaded firearm for the purpose of hunting or killing any wild bird or animal, either game or otherwise, of any kind or description, except that this section shall not apply to firearms duly permitted.

§ 3-8 DISORDERLY PERSONS.

§ 3-8.1 Disorderly Conduct Persons.

[Ord. No. 09-09]

No person shall engage in a course of conduct with the purpose to cause inconvenience, annoyance or alarm or engage in conduct which is reckless, thus creating a risk, by engaging in fighting, threatening, brawling or other violent behavior or create a hazardous or dangerous condition which serves no legitimate purpose of the actor, or by his/her action or conduct, engages in riotous, loud, or disturbing quarreling or tumultuous behavior that disrupts or has the propensity to disrupt the peace and quiet of others in the general area of the activity or the community at large.

§ 3-8.2 Urinating in Public.

[Ord. No. 09-09]

No person shall appear on any street, avenue or public place within the Borough of Matawan with the purpose or intent of urinating or defecating in public, except in those facilities utilized for such purpose.

§ 3-8.3 Penalty.

[Ord. No. 09-09]

For a first offense, an individual convicted of this section shall be subject to a fine of not less than $100, nor more than $1,250; community service at the discretion of the judge and imprisonment not to exceed 180 days. For a subsequent offense, an individual convicted of this section shall be subject to a fine of not less than $250, nor more than $1,250; possible community service, and imprisonment not to exceed 180 days.

§ 3-9 SEX OFFENDER RESIDENCY PROHIBITION.

[New]

The Borough of Matawan will adhere to the Monmouth County Guidelines.

§ 3-10 GRAFFITI.

§ 3-10.1 Prohibited Act.

[Ord. No. 06-20 § 14-13.1a]

No person shall commit an act of graffiti on public, quasi-public, or private property.

§ 3-10.2 Definitions.

[Ord. No. 06-20 § 14-13.1b]

As used in this section:

GRAFFITI

Shall mean any inscriptions, words, figures or designs that are drawn, etched, marked, painted, pasted, scratched, stapled or otherwise affixed on any real or personal property. This includes commercial graffiti, commonly involving the posting of bills or stickers, which means any advertisement or notice of a commercial nature.

§ 3-10.3 Intentional Act.

[Ord. No. 06-20 § 14-13.1c]

A person commits an act of graffiti if the person, having no right to do so, intentionally applies graffiti or, in the case of commercial graffiti, causes graffiti to be applied to property.

§ 3-10.4 Penalty.

[Ord. No. 06-20 § 14-13.1d]

Any person who is convicted of the provisions herein shall be subject to imprisonment not to exceed 90 days and to a fine not less than $250 but not to exceed the maximum penalty established in Chapter 1, Section 1-5. In addition to any other penalty imposed by the Municipal Court, any person who is convicted of the provisions herein may be required to pay the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti or the amount necessary for the removal of same and to perform community service, which shall include removing the graffiti from the property if appropriate. If community service is ordered, it shall be for either not less than 20 days or for not less than the number of days necessary to remove the graffiti from the property. As a condition of sentencing, the Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged, provided that a determination is made that any restoration efforts made by the offender shall not subject the offender to unreasonable risk of death or serious physical injury or otherwise be in violation of law. In the event that the offender is unable for any reason to comply with the above, the Court shall have the authority to order that said offender make full monetary restitution to restore the property to its original undamaged condition. The Court shall have the full discretion to set the terms of the restitution.

In addition to the community service and any other penalty imposed by the Court, any person who violates the provisions of this section shall, upon conviction thereof, be subject to a mandatory fine of not less than $50 to be paid to the Graffiti Trust Account.

§ 3-10.5 Fund.

[Ord. No. 06-20 § 14-13.1e]

A Graffiti Trust Account maintained by the Borough specifically for the remediation of graffiti on public property within the Borough is hereby created. The Governing Body shall control the allocation of the funds in the Graffiti Trust Account for the remediation of graffiti within the Borough, which shall include cleaning, repairing, painting or otherwise restoring the damaged public property to the condition it was in prior to any remediation. Any remediation of public property subjected to graffiti may be funded by the Graffiti Trust Account at the discretion of the Governing Body.

§ 3-10.6 Private Property.

[Ord. No. 06-20 § 14-13.1f]

Any private property that has been subjected to graffiti shall not be eligible for the Graffiti Trust Account. Such private property owner must remediate his/her property within a reasonable time.

In accordance with N.J.S.A. 40:48-2.59(c) the owner of record of any private property subjected to graffiti shall be entitled to written notice of an order to remove graffiti, which shall be delivered to the owner by certified and regular mail. The order shall afford the owner the opportunity to remove the graffiti within 90 days from the date that the notice is sent, however, the Department of Transportation shall be afforded 120 days from the date a notice is sent to remove graffiti from property owned by the Department.

The notice to remove graffiti shall contain a form to be utilized by a property owner to inform the Borough that the graffiti has been removed. The form shall contain a provision stating that by affixing a signature to the form, indicating that graffiti has been removed, the owner is certifying that the facts set forth therein are true and that the certification shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.

An owner who has been ordered to remove graffiti shall respond to the Borough by personal delivery or by certified mail:

of any objection to the order, within 30 days of the date of the order, or

of notice that the graffiti has been removed, within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order.

An owner who objects to an order to remove graffiti, pursuant to paragraph d above, may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.

If a property owner does not undertake the removal of graffiti within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove graffiti is still pending pursuant to paragraph e., the Borough may remove the graffiti from that property and present the property owner with a detailed itemization of the costs incurred by the Borough, by certified and regular mail, for reimbursement from the property owner.

Whenever the Borough undertakes the removal of graffiti from any building, structure or other exposed surface, the Borough, in addition to assessing the cost of removal as a municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the property and may institute an action at law in the Superior Court for the collection thereof.

§ 3-11 PRECIOUS METALS.

§ 3-11.1 Definitions.

[Ord. No. 11-04]

As used in this section, the following terms shall have the meanings indicated:

GEMS

Shall mean precious and semi-precious stones, jewels and gems of whatever nature.

PRECIOUS METALS

Shall mean gold, silver, platinum, palladium, and alloys thereof.

TRANSIENT BUYER

Shall mean a buyer of precious metals who has not been in any retail business continuously for at least six months at the address in the municipality where he is required to register or who intends to close out or discontinue all retail business in the municipality within six months.

§ 3-11.2 License Required.

[Ord. No. 11-04]

No person shall engage in the business of purchasing precious metals or items composed of precious metals, gems and all forms of previously owned jewelry, either as a primary business or in connection with another business, without first having obtained a license from the Borough Clerk.

§ 3-11.3 Application Procedure.

[Ord. No. 11-04]

An application shall be filed with the Borough Clerk which shall set forth the applicant's age, residence and place of business and, in cases of corporate applicants, the date and State of incorporation, the principal office and the registered office of the corporation and the names and addresses of the corporate officers.

The Borough Clerk shall thereupon refer such application to the Chief of Police who shall conduct such investigation of the moral character of the applicant or the applicant's officers and the business responsibility of the applicant as he deems necessary for the protection of the public welfare. Upon completion of the investigation, which in no event shall take more than 10 days, the Chief of Police shall forward his written recommendation to the Clerk. If the recommendation of the Chief of Police is to deny the license, the grounds for such denial shall be stated.

Grounds for denying a license may include information indicating that the applicant is not of good moral character or is of questionable business responsibility. In no event shall a recommendation to grant a license be made if the applicant has been convicted of any crime involving dishonesty, fraud, deceit or misrepresentation.

Upon receipt of the recommendation from the Chief of Police, the Borough Clerk shall issue or deny the license accordingly.

Any person aggrieved by such denial may appeal to the Borough Council which shall hold a public hearing in connection therewith within 30 days from said appeal, and the Council shall thereafter affirm, modify or reverse the denial.

§ 3-11.4 Requirements at Time of Purchase.

[Ord. No. 11-04]

Any person regulated by this section who buys, attempts to buy or offers to buy precious metals or gems (the buyer) from another person (the seller), shall first obtain from the seller a copy of his/her driver's license or voter's registration or similar identification. Buyer must also obtain from seller the following information:

Name;

Address;

Sex;

Date of Birth;

Social Security Number;

Physical Description.

This information shall be recorded by the buyer on the "Precious Metals Sales" form, a copy of which can be obtained from the Borough Police Department.

§ 3-11.5 Receipts.

[Ord. No. 11-04]

The buyer of precious metals or gems shall issue to the seller and keep for his own records for not less than two years, a serialized receipt for each purchase of precious metals containing the following information:

The price being offered or paid by the buyer for precious metals expressed as price per standard measure of weight and fineness as prescribed by the New Jersey Superintendent of Weights and Measures.

The weights of the items being purchased;

A description of the items being purchased;

The names of the precious metals or gems purchased;

The fineness of the precious metal purchased;

The name and address of the buyer;

The date of the transaction;

The name, address and signature of the seller of the precious metals.

If the item purchased is a gem or piece of jewelry not bought on the basis of weight, the price being paid for the item together with a description of the item.

§ 3-11.6 Records.

[Ord. No. 11-04]

Persons regulated by this section shall maintain for each purchase, for at least two years, a copy of the information obtained pursuant to subsection 3-8.4 and a copy of the serialized receipt per subsection 3-16.5, and shall allow inspection of all records by any law enforcement officer upon demand and without need for advance notice. All records shall be kept at the licensee's place of business.

§ 3-11.7 List of Items Purchased.

[Ord. No. 11-04]

Within 24 hours of the close of business each day, all persons regulated under this section shall deliver to the Police Department of the Borough of Matawan, a copy of the Precious Metals Sales form for all precious metals and gems purchased by them. Said form shall contain a description of each item, and identifying numbers, the date of purchase and the name and address of the seller.

§ 3-11.8 Waiting Period Prior to Disposal.

[Ord. No. 11-04]

No person regulated by this section shall sell, melt down, change the form of or otherwise dispose of any precious metals or gems purchased by him until after the expiration of 72 hours from the close of business on the date of purchase. All such items shall remain on the premises where the purchase was made for that entire time period. No waiting period shall be required if the merchandise is purchased from a person regularly engaged in the business of buying and selling precious metals and gems and licensed and regulated pursuant to a regulation of another municipality similar to this section and requiring a similar waiting period of not less than 72 hours.

§ 3-11.9 Minors.

[Ord. No. 11-04]

No person regulated by this section shall purchase any precious metals or gems from anyone under the age of 18 years.

§ 3-11.10 Duties of Licensee.

[Ord. No. 11-04]

All persons regulated by this section shall:

Prominently display at the point of purchase, the following:

The license obtained from the Clerk.

The prices being offered or paid by the buyer for precious metals expressed as price per ounce.

(a)

Include his name, and address in all advertisements concerning such precious metals.

(b)

Weigh the precious metals in plain view of the seller on State certified scales with the certificate of inspection clearly and prominently displayed.

(c)

Test the fineness of precious metals, if any test is so performed, in plain view of the seller.

§ 3-11.11 Transient Buyers.

[Ord. No. 11-04]

A transient buyer of precious metals or gems shall, in addition to the information required of a buyer of precious metals, provide the address at which he intends to do business in the Borough and shall reregister if he changes his location of doing business in the Borough or if he discontinues doing business for more than 20 days in the Borough and subsequently wants to resume doing business therein. Transient buyers shall also submit with their application to the Clerk, a copy of the surety bond required by the State of New Jersey pursuant to N.J.A.C. 13:47C-6.1.

§ 3-11.12 Fees.

[Ord. No. 11-04]

The annual license application fee shall be $50, except that any person not regularly engaged in the business of buying and selling precious metals or gems in the Borough of Matawan on the effective date of this section (adopted May 3, 2011) shall pay an initial application fee of $200 for his first year license, which fee shall defray the cost of investigation and the processing of the application.

§ 3-11.13 Violations and Penalties.

[Ord. No. 11-04]

Any person who violates any provision of this section shall be liable to a mandatory penalty of not less than $100 nor more than $1,000, imprisonment up to 90 days, community service, or any combination thereof. Every day that a violation of this section shall continue shall be deemed as a separate violation.