[1971 Code § 4-3.1]
As used in this section:
LOITERING
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly, and shall also include the colloquial expression
"hanging around."
PARENT OR GUARDIAN
Shall mean any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access and shall
include any street, highway, road, alley, or sidewalk. It shall also
include the front or within a reasonable vicinity of any store, shop,
restaurant, tavern or other place of business, and public grounds,
areas, parks, as well as parking lots or other vacant private property
not owned by or under the control of the person charged with violating
this section, or in the case of a minor, not owned or under the control
of his parent or guardian.
[1971 Code § 4-3.2]
No person shall loiter in a public place in such a manner as
to:
a. Create or cause to be created a danger of a breach of the peace.
b. Obstruct the free passage of pedestrians or vehicles.
c. Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
d. Obstruct, molest, or interfere with any person lawfully in any public
place. This paragraph shall include the making of unsolicited remarks
of an offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to, or in whose hearing they are made.
[1971 Code § 4-3.3]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection
3-1.2 he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1971 Code § 4-3.4]
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this section.
[1971 Code § 4-3.5]
Whenever any minor under the age of 18 years is charged with
a violation of this section, his parent or guardian shall be notified
of this fact by the Chief of Police or any other person designated
by him to give such notice.
[1971 Code § 4-3.6]
If at any time within 30 days following the giving of notice as provided in subsection
3-1.5, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[1971 Code § 4-4]
It shall be unlawful for any parent or guardian having the custody
or control of any child up to 17 years of age to permit him to be
on any public street, highway or other public place in the Township
between the hours of 10:00 p.m. and 6:00 a.m., unless he is accompanied
by his parent, guardian or any other adult person with the consent
of the child's parent or guardian.
[1971 Code § 4-26.1]
As used in this section:
AVAILABLE TO THE PUBLIC
Shall mean that the matter or performance may be purchased
or attended on a subscription basis, on a membership fee arrangement
or for a separate fee for each item or performance.
DISSEMINATE
Shall mean to transfer possession of, with or without consideration.
KNOWINGLY
Shall mean being aware of the character and the content of
the material.
MATERIAL
Shall mean any book, magazine, newspaper or other printed
or written material or any picture, drawing, photograph, motion picture
or other pictorial representation or any statue or other figure, or
any recording, transcription or mechanical, chemical or electrical
reproduction or any other articles, equipment or machines.
NUDITY
Shall mean the showing of the human male or female genitals
or pubic area with less than a fully opaque covering.
OBSCENE
Shall mean that to the average person applying contemporary
community standards:
a.
The predominant appeal of the matter taken as a whole, is to
prurient interest; i.e. a shameful or morbid interest in sexual conduct,
nudity or excretion; and
b.
The matter depicts or describes in a patently offensive manner
sexual conduct regulated (by the applicable State statute); and
c.
The work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
PERFORMANCE
Shall mean any preview, play, show, skit, film, dance or
other exhibition performed before an audience.
PERSON
Shall mean any individual, partnership, firm, association,
corporation or other legal entity.
PROMOTE
Shall mean to cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
Shall mean the provision of services to paying guests in
establishments providing food and beverages; including but not limited
to hostessing, hat checking, cooking, bartending, serving, table setting
and clearing, waiter and waitressing and entertaining.
[1971 Code § 4-26.2]
a. It shall be unlawful for any person to:
1. Knowingly disseminate, distribute or make available to the public
any obscene material; or
2. Knowingly engage or participate in any obscene performance made available
to the public; or
3. Knowingly engage in commerce for commercial gain with materials depicting
and describing explicit sexual conduct, nudity or excretion, utilizing
displays, circulars, advertisements and other public sales efforts
that promote such commerce primarily on the basis of their prurient
appeal; or
4. Provide service to patrons in such a manner as to expose to public
view:
(a)
The genitalia, pubic region, buttocks, perineum, or anal region
of any person;
(b)
Any device, costume or covering which gives the appearance of
or simulates the genitals, buttocks, perineum, anal region or pubic
region; or
(c)
Any portion of the female breast at or below the areola thereof;
or
5. Knowingly promote the commission of any of the above listed unlawful
acts.
[1971 Code § 4-26.3]
a. Actual notice of the obscene nature of such material, performance
or activity may be given to a person involved in or responsible for
such from any law enforcement officer on the basis of information
lawfully gathered and supplied to him by the Police Department or
from citizens.
1. The notice shall be in writing and delivered by mail or in person
to the alleged offender.
2. The notice shall state that:
(a)
The activity engaged in falls within the prohibitions of Section
3-1;
(b)
If such activity has not ceased within seven calendar days,
the Township will take appropriate legal action; and
(c)
A declaratory judgment proceeding as described in subsection
3-3.4 is available if a person engaged in the challenged activity wishes to initiate the legal determination of whether the activity is in fact obscene.
b. A person who promotes any obscene activity as prohibited in subsection
3-3.2 in the course of business is presumed to do so with knowledge of its content and character.
[1971 Code § 4-26.4]
a. Declaratory Judgment.
1. Any person receiving notice in writing under subsection
3-3.3a that a specified activity is obscene may bring an action against the Township for a declaratory judgment to determine whether the activity is obscene.
2. If it is adjudged and declared by the appropriate Court that the
activity is obscene, then the Township Attorney may cause the publication
of the judgment in a newspaper of general circulation in the Township
and upon the publication all persons residing or doing business in
the Township will be presumed to have actual notice of the nature
of the activity.
b. Criminal Prosecution.
1. Any duly authorized law enforcement officer may cause criminal charges to be brought against any person presently engaging in or who has engaged in any prohibited activity in violation of Section
3-3.
2. If notice has been given pursuant to subsection
3-3.3a, then criminal charges may be brought only after seven calendar days after receipt of the notice.
c. Proceedings authorized by this section shall be in addition to any
other provided by law.
[1971 Code § 4-26.5]
a. Expert affirmative evidence that the materials or activities are
obscene is not required when the materials or activities themselves
are presented as evidence.
b. It shall be an affirmative defense in any prosecution under this
section that allegedly obscene material was disseminated, or presented
for a bona fide scientific, medical, educational, governmental or
judicial purpose by a physician, psychologist, teacher, clergyman,
prosecutor or judge.
[1971 Code § 4-26.6; New]
a. Whoever violates this section shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Section
1-5.
b. Upon conviction, in addition to any other penalty imposed for a violation
of this section, the municipal authority may, in its discretion, revoke
the business license of the offender, and for a second violation shall
revoke the business license of such person.
[1971 Code § 4-2.1]
Any person who shall consume alcoholic beverages as follows
is in violation of this section:
a. While in or on a public street, public sidewalk, public parking lot,
public boardwalk, public beach, public park or recreation area or
in any public conveyance.
b. In a private motor vehicle while the vehicle is on any public street,
lane or parking lot.
c. While upon private property of another, without the permission of
the owner or person having authority to grant such permission.
[1971 Code § 4-2.2]
Notwithstanding the provisions of subsection
3-4.1, the Mayor and Township Committee may, by resolution, permit the consumption of alcoholic beverages in any of the places designated in subsection
3-4.1 in connection with special events or observances which have been authorized by the Mayor and Township Committee.
[1971 Code § 8-8.3; New]
Special permits or licenses for the consumption of alcoholic
beverages on public property or in public parks, in connection with
a special event shall be obtained from the Township Clerk after approval
by the Township Committee.
[1971 Code § 8-8.2; New; Ord. No.
2006-41 § 1]
a. No person(s) shall carry about in his/her hand or on his/her person any open and unsealed container containing alcoholic beverages in any public place, as defined in subsection
3-1.1, regardless of whether or not the container is clearly exposed or contained in a bag or other cover.
[1971 Code § 8-8.4]
Any person who empties a glass or other container in order to
prevent the inspecting or arresting officer or other appropriate official
from making a determination as to the alcoholic content of beverage
in the container shall be presumed to have had a container having
a beverage with an alcoholic content which presumption shall be rebuttable
by competent evidence.
[1971 Code § 8-6; New]
No person under the legal age shall consume or have in his possession
any alcoholic beverages in any public place or quasi-public place.
No person under the legal age shall consume or have in his possession
any alcoholic beverage while in a motor vehicle on any public street
or highway, or while in a motor vehicle in any public or quasi-public
place in the Township.
No person of legal age shall give, convey, sell or transfer
any alcoholic beverages to any person under the legal age in any public
or quasi-public place within the Township.
[Ord. No. 2001-32]
a. Pursuant to the provisions of N.J.S.A. 40:48-1, 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. The provisions of this subsection shall not prohibit an underage
person from consuming or possessing an alcoholic beverage in connection
with a religious observance, ceremony or rite or consuming or possessing
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained legal age to purchase
and consume alcoholic beverages.
c. The provisions of this subsection shall not prohibit possession of
alcoholic beverages of any person while actually engaged in the performance
of employment by a person who is licensed by Title 33 of the New Jersey
Statutes.
d. Penalty. Any person convicted of a violation of this subsection shall
be punished by a fine of $250 for a first offense and $350 for any
subsequent offense. In addition to the aforementioned penalty any
person convicted under this subsection may be subject to a suspension
or postponement for six months of the driving privilege of the defendant.
[Ord. No. 2012-30]
No person shall purposely interfere with, hinder, disturb or
obstruct any retail or wholesale business operation, function or activity,
nor shall any person purposely interfere with, hinder, disturb or
obstruct any retail or wholesale business owner, employee, agent or
personnel acting in the furtherance of the interests of that business,
with the intent to prevent, undermine or otherwise obstruct the lawful
retail or wholesale practices of that business. This section does
not apply to conduct considered lawful competitive economic practices.
[Ord. No. 2012-30]
Any person found guilty of violating the provisions of this section shall be subject to the penalty as stated in Chapter
1, Section
1-5.
[Ord. No. 2005-92 § 1]
The purpose of this section is to establish requirements to
control littering in the Township of Lakewood, so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Ord. No. 2005-92 § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
LITTER
Shall mean any used or unconsumed substance or waste material
which has been discarded or is no longer usable, 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 glowing
material or any garbage, trash, refuse, debris, rubbish, grass clippings
or other lawn or garden waste, newspapers, magazines, periodicals
or discarded reading material, glass, metal, plastic or paper containers
or other packaging or construction material or any trash, wastepaper
or garbage lying about, but does not include the waste of the primary
processes of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. No. 2005-92 § 1]
a. It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public, commercial or private
property other than in a litter receptacle, or having done so, to
allow such litter to remain.
b. Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
c. It shall be unlawful for any person to discard, drop or place along
any street or road, or off any right-of-way, any litter as defined
in this section, or any household or commercial solid waste, rubbish,
refuse, or junk, in any place not specifically designed for the purpose
of solid waste storage or disposal.
d. It shall be unlawful for any residential, private or commercial property
owner to permit open or overflowing waste disposal receptacles on
his/her property.
e. No person shall sweep into or deposit in any gutter, street or other
public place the accumulation of any litter from any building or lot
or from any public or private sidewalk or driveway. Persons owning
or occupying property shall keep the sidewalks and area in front of
the property free of litter, garbage cans and receptacles; provided,
however, that this provision shall not apply to those periods of time
fixed by the Township Committee for the collection of leaves, garbage
and litter.
f. No person shall load, drive or move any truck or other vehicle unless
such vehicle is constructed or loaded as to prevent any load, contents
or litter from being blown or deposited upon any street or other public
or private place or property.
[Ord. No. 2005-92 § 1]
It shall be the duty of any owner, lessee, tenant, occupant
or person in charge of any structure, whether residential, private
or commercial, to keep and cause to be kept the sidewalk, curb or
any parking area abutting the building or structure free from litter
obstructions or nuisances of any kind and keep sidewalk, curbs, areaways,
backyards or courts and alleys free from litter, solid waste or other
offensive material.
[Ord. No. 2005-92 § 1]
The provisions of this section shall be enforced by the Police
Department of the Township of Lakewood.
[Ord. No. 2005-92 § 1]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to one or more of the following:
a fine not to exceed $1,000; imprisonment in the County jail for a
term not to exceed 90 days or community service for a period not to
exceed 90 days, for each and every violation. If the violation is
of continuing nature, each and every day during which it continues
constitutes a separate and distinct offense.
[1971 Code § 4-10.1]
As used in this section:
PRINTED MATTER
Shall mean cards, circulars, handbills, leaflets, magazines,
newspapers, notices and pamphlets.
[1971 Code § 4-10.2]
No person shall distribute within the Township any printed matter
or samples of merchandise without obtaining a permit for distribution
from the Township Clerk approved by the Chief of Police. The permit
shall be issued without charge to any person of good repute who makes
written application therefor. The application shall be signed by the
person desiring to engage in distribution and by the person on whose
account the distribution is intended to be made, and shall be accompanied
by a copy or duplicate of the printed matter or sample of merchandise
to be distributed, and shall contain a designation of the date or
dates on which it is intended to make the distribution, and an agreement
to comply with all the regulations of this chapter.
[1971 Code § 4-10.3]
a. No printed matter or samples of merchandise shall be placed, thrown
or discarded by any person on any public street, park or other public
place; or on the lawn or in the yard appurtenant to any dwelling house
or other building, or on any field or other open space.
b. No person shall distribute any printed matter or samples of merchandise
by placing in or on, or by attaching the same to, any automobile,
truck or other motor vehicle.
c. No person distributing any printed matter or samples of merchandise
shall, by ringing door bells, knocking on doors or windows or by other
means, call or summon the occupant of any dwelling house or other
building for the purpose of distributing any printed matter or samples
of merchandise to the occupant.
d. No printed matter or samples of merchandise shall be distributed
by any person at any dwelling, house or other building unless it is
delivered into the hands of a person there offering to receive the
same, or is placed in the slot or receptacle provided on the premises
for the receipt of printed matter. If distribution cannot be made
in either manner, the printed matter or samples of merchandise may
be distributed by placing and leaving the same outside on the premises
in such manner as to be readily seen and taken up by a person entering
the dwelling, house or building and in a manner as not to be blown
into or upon the yard or lawn of the premises, or into or upon any
street.
e. No person shall distribute any printed matter or samples of merchandise
on the premises of any dwelling, house or other building known to
be vacant by the person distributing the printed matter or samples
of merchandise.
[1971 Code § 4-10.4]
This section shall not apply to the distribution of printed
matter or samples of merchandise that have been previously ordered
or requested by the owner or occupant of the premises where the distribution
is made, or to the distribution of printed matter or samples of merchandise
by mail.
[1971 Code § 4-12.1]
As used in this section:
CART
Shall mean a hand-drawn or propelled vehicle or wheeled container
made of metal, wood, or other material which are generally provided
by merchants for carting or carrying merchandise or foodstuffs to
automobiles or other places.
[1971 Code § 4-12.2]
a. The owner of shopping carts used in connection with any retail business
and intended for use by patrons in carrying articles of merchandise
shall clearly designate on each cart the name and address of the owner.
b. It shall be unlawful for an owner to permit any cart to be left unattended
or abandoned on any public street or public place within the Township.
c. It shall be unlawful for any person to remove a cart from the property
of any retail establishment.
[1971 Code § 4-17.1]
Automobiles or parts thereof left standing in an unlicensed
and unusable state which are accessible to children, rodents, vermin,
and insects or which create an unsightly appearance constitute a hazard
and condition inimical to the public health, welfare and safety.
[1971 Code § 4-17.2]
As used in this section:
PROPERTY
Shall mean any real property within the Township 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,
runner or slides, and to transport persons or property or pull machinery,
and shall include, without limitation, automobile, truck, trailer,
motorcycle, tractor, buggy and wagon.
[1971 Code § 4-17.3]
No person shall abandon any vehicle within the Township and
no person shall leave any vehicle at any place within the Township
for such time and under such circumstances as to cause such vehicle
to reasonably appear to have been abandoned.
[1971 Code § 4-17.4]
No person shall leave any partially dismantled, non-operating,
wrecked or junked vehicle on any street or highway within the Township.
[1971 Code § 4-17.5]
No person in charge or control of any property within the Township,
whether as owner, tenant, occupant, lessee or otherwise, shall allow
any partially dismantled, non-operating, wrecked, junked or discarded
vehicles to remain on such property longer than 48 hours; and no person
shall leave any such vehicle on any property within the Township for
a longer time than 48 hours; except that this subsection shall not
apply with regard to a vehicle in an enclosed building, a vehicle
on the premises of a business enterprise operated in a lawful place
and manner, when necessary to the operation of such business enterprise,
or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner by the Township.
[1971 Code § 4-17.6]
The Chief of Police or any member of the Police Department designated
by him is hereby authorized to remove or have removed any vehicle
left at any place within the Township which reasonably appears to
be in violation of this section or lost, stolen or unclaimed. The
vehicle shall be impounded until lawfully claimed or disposed of in
accordance with applicable statutes. The Chief of Police or any member
of the Police Department acting for him shall notify the registered
and legal owner in writing by personal service or by certified mail,
at the last known address of the owner, of the removal of the vehicle
and the reason for the same, and the location of the vehicle. The
vehicle shall be retained and impounded until the owner or his duly
authorized agent has paid the cost of such taking and removal, together
with a garage charge of $2 for each and every day the vehicle is retained
and impounded.
[1971 Code § 4-22.1; Ord. No. 96-55 § 1; Ord. No. 2003-9 § 1]
In accordance with and pursuant to the authority of L. 1988,
c. 44 (R.S. 2C:35-7), the Drug-Free School Zone Map produced on or
about October 17, 2002 by William T. Birdsall, P.E., Birdsall Engineering,
Inc., Township Engineer, is hereby approved and adopted as an official
finding and record of the location and areas within the Township 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.
The map shall consist of 29 sheets, one for each school named
below:
Alpha School.
Yeshiva K'Tana of Lakewood.
Bais Faiga.
Bais Kaila High School.
Calvary Academy.
Ella G. Clarke School.
Clifton Avenue Grade School.
High School Ball Fields.
Holy Family School.
Lakewood Cheder School.
Bezalel Yeshiva/Francis Opatut Junior High School.
Lakewood High School.
Lakewood Middle School.
Oak and Spruce Street Schools.
Ocean Day School.
Tashbar of Lakewood.
Ohr Chodosh.
Bais Shaindel High School.
Lakewood Community Center.
Bnos Isroel School.
Lakewood Educational Institute.
Mesivtah Pe'Er Hatorah.
School for Children with Hidden Intelligence.
Uta-Congregation Torah.
Bais Faiga Annex School.
Bais Rochel.
Talmud Torah of Lakewood.
Yeshiva Tifereth Torah.
Bais Yaakov High School of Lakewood.
[1971 Code § 4-22.2]
The Drug-Free School Zone Map approved and adopted pursuant to subsection
3-10.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the locations and boundaries of school property and drug-free school zones.
[1971 Code § 4-22.3]
The school board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Township Engineer
and the Township Attorney of any changes in the location or boundaries
of any property owned by or leased to any elementary or secondary
school or school board and which is used for school purposes.
[1971 Code § 4-22.4]
The Township Clerk shall receive and keep on file the originals of the map approved and adopted pursuant to subsection
3-10.1 and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request a copy, along with certification that the copy is a true copy of the map approved and adopted and kept on file. A true copy of the map and of this section shall be provided without cost to the Court Clerk and to the Office of the Ocean County Prosecutor.
[1971 Code § 4-22.5]
The following additional matters are hereby determined, declared,
recited and stated:
a. It is understood that the map approved and adopted pursuant to subsection
3-10.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. The location of elementary and secondary schools within the Township;
2. The boundaries of the real property which is owned by or leased to
such schools or a school board;
3. That such school property is and continues to be used for school
purposes; and
4. The location and boundaries of areas which are on or within 1,000
feet of such school property.
b. 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 February 28, 1992, that being after the effective date of L. 1987,
c. 101 (C. 2C:35-7).
c. 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
3-10.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction if 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. All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of a drug-free school zone
map have been complied with.
[1971 Code § 4-23.1]
The purpose of this section is to regulate and provide penalties
for false alarms in the Township of Lakewood, the control of which
is within the responsibilities of the user, owner or the person that
maintains such alarm systems.
[1971 Code § 4-23.2]
As used in this section:
ADMINISTRATIVE FEE OR FEE
Shall mean the fee payable to the Township of Lakewood for excessive false alarm activations or other violations as set forth in subsection
3-11.3.
ALARM SYSTEM
Shall mean assembly of equipment and devices designed to
signal the presence of an emergency or hazard requiring urgent attention
and to which Police or Fire Department or any other services may be
expected to respond.
FALSE ALARM
Shall mean any alarm or signal of an alarm system actuated
by inadvertence, negligence, intentional or unintentional act of a
person other than an intruder, and shall include as well, alarm caused
by malfunctioning of the alarm device or other relevant equipment,
but shall not include alarms caused by malfunction of the alarm console
or police device, or acts of God.
LOCAL ALARM
Shall mean any alarm or device which, when actuated, produces
a signal not connected to another source, such as store burglar alarms
actuating bell devices.
SUBSCRIBER
Shall mean a person who buys, leases or otherwise obtains
an alarm signaling system and thereafter either contracts with or
hires an alarm business to monitor and/or service the alarm device
or performs such service himself.
TOWNSHIP ALARM ADMINISTRATOR.
The Chief of Police shall be responsible for the enforcement
of this section and any administrative duties regarding the regulation
and control of alarm systems in the Township of Lakewood.
[1971 Code § 4-23.3; Ord. No. 2009-60 § 1; Ord. No. 2010-8 § 1]
a. In the event of a false alarm, any person having knowledge thereof
shall immediately notify the Police Department. The Chief of Police
shall cause an investigation to be made and keep a record of all false
alarms.
b. False alarms shall result in the following fines being imposed:
1. For the first, second and third alarm in the same 12 month period,
a written warning shall be issued.
2. For the fourth alarm in the same 12 month period, each such false
alarm shall subject the property owner or tenant to a $50 fine plus
court costs.
3. For the fifth and subsequent alarm in the same 12 month period, each
such false alarm shall subject the property owner or tenant to a $100
fine plus court costs.
4. No violation shall be assessed to any property owner, tenant or person
that maintains an alarm system as provided for and defined herein
during the first 30 days of installation and actuation.
5. It shall be unlawful for any alarm device, dial alarm or other audible
alarm to ring or put forth any other sound for a period in excess
of 15 minutes. Any such occurrence shall result in a fine of $100
plus court costs.
[1971 Code § 4-23.5; Ord. No. 2009-60 § 1; Ord. No. 2010-8 § 1]
The enforcement of this section shall be by Lakewood Township
law enforcement officers or Lakewood Township Police personnel designated
by the Chief of Police and shall be under the jurisdiction of the
Municipal Court of the Township of Lakewood.
[1971 Code § 6-9]
The Township hereby adopts the provisions of N.J.S.A. 5:8-1
et seq., subsequent to the approval heretofore granted by the voters
of the Township. Pursuant to N.J.S.A. 5:8-31, certain games known
as bingo or lotto shall be permitted to be conducted by license on
the first day of the week, commonly known and designated as Sunday,
unless it shall be otherwise provided in the license for the holding,
operating, and conducting of the game or games.
[1971 Code § 11-21.1]
The Township of Lakewood finds and declares that the provisions
of this section were enacted for the following reasons:
a. To provide for the registration of all bicycles owned or operated
by residents of this Township;
b. To facilitate the identification and location of bicycles reported
stolen or missing;
c. To assist the Police Department in its efforts to prevent the theft
of bicycles.
[1971 Code § 11-21.2]
a. The registration requirements of this section shall apply to all
bicycles owned by residents of this Township, except those bicycles
owned and held for sale by residents engaged in the business of buying
or selling new or used bicycles.
b. Unless otherwise indicated, all other provisions of this section
shall apply to all bicycles operated within the jurisdictional boundaries
of the Township.
c. Any provisions of this section in conflict with Title 39 of the Revised
Statutes of New Jersey are superseded thereby.
[1971 Code § 11-21.3]
As used in this section:
BICYCLE
Shall mean any two wheeled vehicle having a rear drive wheel
which is solely human powered and having a seat height of 25 inches
or greater when the seat is in the lowest adjustable position.
BICYCLIST
Shall mean a person operating or in actual physical control
of a bicycle, including a person on foot walking a bicycle.
BIKE LANE
Shall mean that portion of a roadway which has been designated
by striping, signing and pavement markings for the preferential or
exclusive use of bicyclists.
BIKE PATH
Shall mean a bikeway physically separated from motorized
vehicular traffic by an open space or barrier and either within the
highway right-of-way or within an independent right-of-way.
FIT OPERATING CONDITION
Shall mean: all moving parts shall be in good functioning order; the frame shall be structurally sound; the tires shall be properly inflated; and the bicycle shall comply with all the requirements of this section as well as Chapter
4, Article 3 of Title 39 of the Revised Statutes of New Jersey, as amended.
FRAME NUMBER
Shall mean an identifying number permanently stamped or cast
on the frame of a bicycle or moped.
OPERATING A BICYCLE
Shall mean the use or putting into action or causing to function
of a bicycle, including the walking of a bicycle by a person.
RESIDENT
Shall mean a person who resides in the Township for longer
than 60 days.
ROADWAY
Shall mean that portion of a highway designed or ordinarily
used for vehicular travel, excluding the sidewalk.
SIDEWALK
Shall mean that portion of a highway designed or ordinarily
used for pedestrian traffic.
SIDEWALK BICYCLE
Shall mean a bicycle as defined herein which shall have two
or more tandem wheels, which wheels are less than 15 inches in diameter.
Sidewalk bicycles shall not be required to meet any of the requirements
of this section, and the registration and licensing of such sidewalk
bicycles shall be voluntary.
VEHICLE
Shall mean every device in, upon or by which any person or
property is or may be transported upon a highway excepting devices
moved by human power or used exclusively upon stationary rails or
tracks or motorized bicycles.
[1971 Code § 11-21.4]
a. It shall be unlawful for any person residing within the Township
to operate a bicycle upon any street, sidewalk or other public place
within the Township without having registered such bicycle and having
secured a registration number on the frame within 14 days of his purchase
thereof.
b. No bicycle shall be registered pursuant to this section unless it
displays a frame number. No person engaged in the business of selling
new or used bicycles at retail within the Township shall buy or sell
any new or used bicycles unless the bicycle has a frame number. At
the owner's request the Police Department shall permanently stamp
or cast a frame number on the owner's bicycle.
[1971 Code § 11-21.5]
a. All bicycles regulated by this section shall be registered upon purchase
or transfer of ownership.
b. Application for a registration number and registration certificate
shall be made to the Police Department, Traffic and Safety Bureau,
upon a form approved by the Township Committee, and the registration
card and number shall be issued as herein provided.
c. A license fee for each bicycle is hereby fixed at $1 and shall be
paid at the time a registration tag is applied for. The application
shall be signed by the owner and shall state the full name and address
of the owner of the bicycle, the name of the manufacturer, the serial
number of the frame thereof, the approximate date when the owner obtained
title thereto, and if not new, when obtained. If the owner is a person
under 18 years of age, the signature shall be witnessed and the application
countersigned by a parent of the owner and shall contain a certification
by the parent or guardian that the applicant is capable of operating
same and is familiar with the laws of the State of New Jersey relative
to the operation of bicycles.
d. Upon the issuance of registration card and number after compliance
by the applicant with the requirements herein set forth, the Police
Department, Traffic and Safety Bureau, shall issue to the applicant
a registration card and shall place the registration number on the
frame thereof. The bicycle, together with the registration card issued
to the owner, shall be subject to inspection at all times by any member
of the Police Department. The registration card may be kept by the
owner at the owner's usual place of residence and need not be on the
person of the owner at all times.
e. It shall be a violation of this section for any person to provide
or furnish false or misleading information concerning a bicycle or
the ownership of a bicycle for the purpose of securing or attempting
to secure the registration of the bicycle.
[1971 Code § 11-21.6]
a. A registration decal and its accompanying registration card shall
automatically become void upon the transfer of ownership of the bicycle
from the owner listed on the registration card to another person.
Within five days after such a transfer of ownership, the owner listed
on the registration card shall notify the Police Department of the
transfer and shall surrender his registration card at any police station.
b. The owner of a bicycle registered pursuant to this section shall
notify the Police Department of any change of name or address within
15 days after the change. Upon his surrender of his existing registration
card to the Police Department, the owner shall receive a new registration
card reflecting the change of name and/or address.
c. Upon the dismantling of a bicycle registered pursuant to this section,
the owner shall remove the registration decal, surrender his registration
card to the Police Department and notify the Police Department that
the bicycle shall no longer be operated within the Township.
d. The purchaser or receiver of the transferred bicycle shall secure
a registration in the manner provided in this section.
[1971 Code § 11-21.7]
a. It shall be unlawful for any person to willfully, maliciously, remove,
destroy, mutilate or alter the number of any license issued pursuant
to this section. Offenders shall be liable for such penalties as contained
in this section.
b. The registration card issued to the owner shall be subject to inspection
at all times by any member of the Police Department. The registration
card may be kept by the owner at the owner's usual place of residence
and need not be on the person of the owner at all times.
c. It shall be a violation of this section for any person to operate
within the Township a bicycle displaying an expired registration decal
or a decal rendered void upon transfer of ownership of the bicycle.
d. It shall be a violation of this section for any person to attach
a registration decal to any bicycle other than the one for which the
plate was issued.
e. It shall be a violation of this section for any person to remove
a registration decal from a bicycle except upon its expiration or
upon a transfer of ownership of the bicycle or in the event the bicycle
is dismantled and no longer operated within the Township.
f. Lost, mutilated or stolen registration cards and/or plates shall
be replaced at police stations for an additional fee of $1. Reasonable
proof of ownership of the bicycle and reasonable proof of such loss,
mutilation or theft must be provided prior to the issuance of a duplicate
registration card and/or decal.
[1971 Code § 11-21.8]
a. Compliance; Safety Rules. Every person operating a bicycle subject to the provisions of this section shall comply with all the provisions of Chapter
4, Title 39, of the Revised Statutes of New Jersey, as amended, with applicable ordinances of the Township of Lakewood and with all the rules and regulations promulgated hereunder. The Chief of Police shall cause to be promulgated and issued to each licensee a printed copy of the safety rules of Article 3, Chapter
4 of Title 39 of the Revised Statutes of New Jersey, as amended.
b. Hitching on Vehicles. No person riding upon any bicycle shall attach
the same or himself to any vehicle upon the roadway, and no operator
of any vehicles shall knowingly allow any person riding upon any bicycle
to attach the same or himself to the vehicle.
[1971 Code § 11-21.9]
a. Inspection. The Police Department may inspect any bicycle on any
public way or place at any time to ascertain whether it has been registered,
or to determine whether the bicycle is in proper mechanical condition
to be operated safely; and in the event a bicycle is being used or
operated without proper registration or is in such condition as to
be unfit for safe operation, the offender shall be liable for the
penalties as contained in this section unless otherwise provided in
Title 39 of the Revised New Jersey Statutes.
b. No bicycle shall successfully complete a safety inspection unless
it complies with the requirements of N.J.S.A. 39:4-10, 39:4-11, and
39:4-11.1.
[1971 Code § 11-21.10]
Any rental agency in the Township shall not rent or offer any
bicycle for rent unless the bicycle is registered and a registration
license is obtained.
[1971 Code § 11-21.11]
a. Any person under the age of 18 years who violates any of the provisions
of this section shall for the first offense be reprimanded by the
Chief of Police or his designated representative, in writing, addressed
to his parents or guardian. For a second offense, the offender's registration
card will be suspended for a fixed period of time or his bicycle impounded
at the discretion of the Chief of Police or his designated representative.
For a third or subsequent offense, the Chief of Police or his designated
representative may, in his discretion, impound the bicycle of the
offender and may charge the offender as a juvenile delinquent in the
Ocean County Juvenile Court, where the offense is deemed to be a serious
matter.
b. Any person 18 years of age or over violating any provisions of this
section shall, upon conviction, in addition to the suspension or revocation
of the registration as herein mentioned, be subject to a fine not
to exceed $25 or to imprisonment, not to exceed 10 days, or to both
fine and imprisonment, in the discretion of the Judge before whom
such person may be convicted.
c. Impounding of Bicycles. A bicycle being operated without having obtained
a registration, or being operated contrary to the provisions of Title
39 of the New Jersey Statutes, may be impounded by the Police Department
until such time as the owner meets the said provisions and is not
to be returned except upon payment of $2. Any bicycle not claimed
within 90 days will be sold at public auction. All moneys received
for registration, recovery or sale of impounded bicycles shall be
remitted by the Chief of Police to the Township Treasurer.
[Ord. No. 98-70]
As used in this section:
KNOWN PROSTITUTE OR PROCURER
Shall mean a person who within one year previous to the date
of arrest for violation of this section has within the knowledge of
police authority been convicted of an indictable or disorderly persons
offense for either N.J.S.A. 2C:34-1 et seq. or N.J.S.A. 2C:14-4 et
seq.
PUBLIC PLACE
Shall mean an area to which the public has access, including
but not limited to streets, sidewalks, bridges, alleys, plazas, parks,
driveways, parking lots, motor vehicles (whether moving or not) and
buildings open to the general public, including those which serve
food or drink or provide entertainment, and the doorways and entrances
to buildings or dwellings and the grounds enclosing them.
[Ord. No. 98-70]
A known prostitute or procurer is guilty of loitering for the
purpose of prostitution when he or she remains in or wanders about
in a public place and engages in conduct that, under the circumstances,
manifests the requisite purpose of prostitution or promoting prostitution
as defined in N.J.S.A. 2C:34-1.
[Ord. No. 98-70]
The requisite purpose is presumed where a know prostitute or
procurer:
a. Repeatedly beckons to or stops pedestrians or motorists in a public
place;
b. Repeatedly attempts to stop or repeatedly attempts to engage passersby
in conversation;
c. Repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving of arms or any other bodily gesture; or
d. Circles in an area in a motor vehicle and repeatedly beckons to,
contacts or attempts to stop pedestrians.
[Ord. No. 98-70]
The burden of proof as to the existence of any prior conviction
shall be by the preponderance of the evidence, and the Court shall,
pursuant to the Rules of Evidence, take judicial notice of its own
records and the records of the Superior Court of New Jersey.
[Ord. No. 98-70; New]
Any person found guilty of violating the provisions of this section shall be subject to the penalty as stated in Chapter
1, Section
1-5.
[Ord. No. 2010-02 § 1]
It is the intention of the Township Committee to protect the
health, safety and welfare of motorists and pedestrians using sidewalks,
streets and other public rights-of-way within the Township, and persons
standing on or in close proximity to said public rights-of-way, from
the dangers of obstruction, distraction and delays of traffic caused
by the solicitation of employment by pedestrian from or directed to
operators or occupants of motor vehicles while utilizing the Township's
public rights-of-way, or by the offer of employment to pedestrians
by the operators or occupants of motor vehicles while utilizing the
Township's public rights-of-way.
[Ord. No. 2010-12 § 1]
As used in this section, the following terms shall have the
meanings indicated:
EMPLOYMENT
Shall mean services, industry or labor performed by a person
for wages or other compensation under any contract of hire, written
or oral, express or implied.
PERSON
Shall mean any individual, company, corporation, association,
business or legal entity.
PUBLIC RIGHT-OF-WAY
Shall mean all of the areas dedicated to public use for public
street purposes and shall include roadways, parkways, highways, streets,
medians, sidewalks, parking areas, curbs, slopes, and areas of land
between the sidewalk and the curb, which are also known as "utility
strips."
SOLICIT OR SOLICITATION
Shall mean any request, offer, enticement or action which
announces the availability for or of employment, or a request, offer,
enticement or action which seeks to offer or secure employment. Examples
of behavior which constitute solicitation of employment include but
are not limited to waving arms, making hand signals, shouting to someone
in a vehicle, jumping up and down, waving signs soliciting employment
pointed at persons in vehicles, approaching vehicles, standing in
the public right-of-way while facing vehicles in the roadway or entering
the roadway portion of a public right-of-way for the purpose of seeking
employment, shouting to or addressing someone by an occupant of a
vehicle for the purpose of offering employment. A solicitation shall
be deemed complete when made, whether or not an employment relationship
is created, a transaction is completed or an exchange of money or
property takes place.
[Ord. No. 2010-12 § 1]
It shall be unlawful for any person standing within or adjacent
to any public right-of-way within the Township of Lakewood to stop
or attempt to stop any motor vehicle utilizing said public right-of-way
for the purpose of soliciting employment of any kind from the occupants
of said motor vehicle.
[Ord. No. 2010-12 § 1]
It shall be unlawful for the operator of any motor vehicle utilizing
a public right-of-way within the Township of Lakewood to stop or stand
within or adjacent to said public right-of-way or any area designated
as either a traffic land or a no-standing or no-stopping zone for
the purpose of soliciting employment or accepting a solicitation of
employment from a pedestrian.
[Ord. No. 2010-12 § 1]
Nothing contained herein shall be construed to prohibit the
following:
a. Service-related activities such as taxicabs, limousine service, public
transportation vehicles, towing operations, ambulance service and
similar uses.
b. Nothing shall prohibit a business or property owner from soliciting
employment at or upon the property owner's private property; provided,
however, that automobiles, recreational vehicles, trailers, trucks
and other vehicles do not constitute a business property exempt from
the provisions of this section.
c. Solicitation of employment in certain areas of municipal parking
lots specifically designated by the Township Committee for such purpose.
[Ord. No. 2010-12 § 1]
Any violation of this section is punishable by a fine of $250
for each offense.
[Ord. No. 99-32 § 1]
a. It shall be unlawful to sell tobacco to a person under 18 years of
age.
b. Sign requirements: not less than a six inch by eight inch (6" x 8")
sign shall be posted in a conspicuous place near each cash register
in all retail establishments which sell tobacco products containing
the following language:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED
BY LAW. Legal proof of age must be shown. A person who sells or offers
to sell a tobacco product to a person under 18 years of age may be
prosecuted in accordance with state and local ordinances.
[Ord. No. 99-32 § 2]
It shall be unlawful for a tobacco retailer to sell or permit
to be sold tobacco to any individual without requesting and examining
identification from the purchaser positively establishing the purchaser's
age as 18 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18 years.
[Ord. No. 99-32 § 3]
a. It shall be unlawful to offer for sale or to sell tobacco through
a tobacco vending machine in the Township of Lakewood.
b. Self-service tobacco displays are prohibited in all retail establishments.
[Ord. No. 99-32 § 4,
adopted 7/8/99]
All tobacco vending machines and self-service tobacco displays
made unlawful by the terms of this section shall be removed within
30 days from the effective date of this section.
[Ord. No. 99-32 § 5]
HEALTH DEPARTMENT
Shall mean the Ocean County Health Department, and may be
referred to herein as the "Department".
HEALTH OFFICE
Shall mean the Administrative Officer of the Ocean County
Health Department.
LAW ENFORCEMENT OFFICER
Shall mean any member of the Lakewood Township Police Department
or any other municipal police department or the New Jersey State Police.
PERSON
Shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
SELF-SERVICE DISPLAYS
Shall mean any racks, stands or other display devices from
which a customer may take tobacco products directly with only payment
to be made to the tobacco retailer.
TOBACCO
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling and other personal use including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form.
TOBACCO RETAILER
Shall mean any person or entity that operates a store, stand,
booth, concession, or place at which sales of tobacco are made to
purchasers for consumption or use. This shall also mean a person or
entity that owns, operates or uses a vending machine and/or a vending
machine location.
VENDING MACHINE
Shall mean any automated, self-service device which, upon
insertion of money, tokens or any other form of payment, dispenses
cigarettes or other tobacco products.
[Ord. No. 99-32 § 6]
a. Whenever the Health Officer or his/her designee or a law enforcement
officer reasonably believes there exists a violation of this section,
such officer or designee may issue a summons and complaint not later
than 60 days after discovery of the alleged violation. The complaint
shall be written 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
delivered personally or sent by Certified Mail to the alleged violator.
b. The Health Officer, designee or law enforcement officer charged with
enforcement of this section, after giving proper identification, may
inspect any matter, thing, premise, place, person, record, vehicle,
incident, or event as necessary.
c. It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer, designee
or law enforcement officer, who may request the assistance of the
Lakewood Township Police Department, or other police agency or peace
officer when necessary to execute his or her official duty in a manner
prescribed by law.
d. Citizens may bring complaints against violators of the section.
[Ord. No. 99-32 § 8]
a. Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this section shall, upon conviction
thereof, pay a penalty of not less than $100, nor more than $500 for
each offense. A complaint shall be made in the Municipal Court or
before such other judicial officer having authority under the laws
of the State of New Jersey.
b. Each sale of tobacco to a minor shall constitute a separate violation.
Each day that a tobacco vending machine or self-service tobacco display
remains on any premises or tobacco is sold without the required sign,
shall constitute a separate distinct offense.
c. The Ocean County Health Department may suspend the Retail Food Establishment
License of any person convicted of violation of this section, for
a period of not more than three days, pursuant to the authority of
the Health Department to license and regulate food establishments
as provided by N.J.S.A. 26:3-31(C).
[Ord. No. 99-32 § 9,
adopted 7/8/99]
The provisions of this section shall take effect immediately
upon its final passage and publication according to law.
[Ord. No. 99-32 § 10]
A certified copy of the within section be forwarded by the Township
Clerk to the following:
c. Code Enforcement Officer.
f. Ocean County Health Department.
[Ord. No. 2003-46 § 1]
As used in this section:
MOTORCYCLE
Shall man any two-wheeled, motor-propelled apparatus licensed
by the State of New Jersey Department of Motor Vehicles for operation
upon the public highways.
MOTORIZED BICYCLE
Shall mean a pedal bicycle having a helper motor characterized
in that either the maximum piston displacement is less than 50 cc.
or said motor is rated at no more than 1.5 brake horsepower and said
bicycle is capable of a maximum speed of no more than 25 miles per
hour on a flat surface.
MOTORIZED SPORTBIKE
Shall mean:
a.
Any two, three or four-wheeled bicycle or similar apparatus
motor propelled or having a helper motor and commonly referred to,
among other designations, as a moped, minibike, go-cart, all-terrain
vehicle, trailbike, quad, or vehicle, the like, which by its nature
is not authorized to be licensed by the State of New Jersey Department
of Motor Vehicles for use upon the public highways, notwithstanding
the fact that licensing of the same in some instances may not be required
for operation upon the pubic roadways.
b.
A snowmobile and any similar sport vehicle which is motor-propelled
and traverses the terrain by means of treads, tracks or the like,
all as contrasted to wheels.
PRIVATE PROPERTY
Shall mean all lands in the Township of Lakewood not defined
as public property or part of the road system as accepted hereinbefore.
PUBLIC PROPERTY
Shall mean lands owned or leased by the Township of Lakewood,
the Board of Education of the Township of Lakewood, or any other equivalent
public body, but specifically excluding therefrom any roadways being
used for public transportation and being part of the accepted road
system of the Township, the County or the State of New Jersey.
UNLICENSED OPERATOR
Shall mean the operator of any motor vehicle who does not
hold a special license issued by the State of New Jersey Department
of Motor Vehicles, permitting the operation of a motorcycle on the
public highways, or the operator of any motorized sportbike who does
not hold a valid New Jersey license. Unlicensed operator shall also
mean the operator of any watercraft required to be licensed by Federal
or State regulations.
[Ord. No. 2003-46 § 1]
It shall be unlawful to:
a. Operate a motor vehicle of any type, a motorized sportbike, motorcycle,
or motorized bicycle, as defined herein, upon public or private property,
with or without permission of the landowner, during the period of
one hour before sunset or two hours after sunrise.
b. Operate a motorized sportbike, motorcycle, or motorized bicycle,
as a licensed or unlicensed operator, on private property other than
with the written consent of all of the owners of the property. When
such written consent has been obtained, the operator shall keep the
same on his person for display to the authorities. The failure to
disclose such written consent shall constitute a violation hereunder.
c. Operate a motorized sportbike, motorcycle, or motorized bicycle on public or private property other than in accordance with the general regulations set forth in subsection
3-19.3 of this section.
d. Operate a motorized sportbike, motorcycle, or motorized bicycle on
public or private property in such a way as to harass, worry or disturb
farm animals, domestic livestock or further or destroy or damage crops
or cropland.
e. Operate a motorized sportbike, motorcycle, or motorized bicycle on
public or private property without the same being in proper operating
condition, which is hereby defined as the presence of all original
operating equipment specified therefor by the original manufacturer,
with the same in operating condition at least equal to the manufacturer's
requirements for the proper operation thereof or the equivalent thereof.
f. Operate a motorized sportbike, motorcycle, or motorized bicycle on
public or private property in a careless, reckless or negligent manner
so as to endanger the safety or property of any person or public or
private property.
[Ord. No. 2003-46 § 1]
The following regulations shall apply to the operation of a
motorized sportbike, motorcycle, or motorized bicycle operated on
public or private property, other than the property of the immediate
family of which the operator is a member.
a. No person operating a motorized sportbike, motorcycle, or motorized
bicycle shall ride without maintaining full control of such motorized
sportbike, motorized bicycle, or motorcycle, or remove both hands
from the handlebar.
b. No person operating a motorized sportbike, motorcycle, or motorized
bicycle shall carry any other person, except in a place designated
therefor and equipped therefor as part of the original manufacture
for the purpose, and in no event shall a rider be carried on the handlebar
thereof.
c. It shall not be unlawful for any public employee or other party with
an appropriate permit to operate motor vehicles, motorized sportbikes,
motorcycles, or motorized bicycles, as defined herein, in the locations
for the purpose of maintaining, repairing or doing work upon the lands
for the public good.
d. This section shall not be applicable to any recognized organization
which has obtained permission from the Township administration to
use the lands for the sole purpose of holding organized and supervised
rallies, races and/or meets.
e. It shall be unlawful for any person to operate any vehicle equipped
with a muffler cutout, muffler bypass or similar device.
[Ord. No. 2003-46 § 1]
Any Police Officer may, at his discretion:
a. Impound any motorized sportbike, motorcycle, or motorized bicycle
operated on public or private property alleged to be a violation of
this section, either by virtue of its operation and use contrary to
the provisions of this section or by virtue of its operation by an
unlicensed operator.
b. Impound any motorized sportbike, motorcycle, or motorized bicycle
operating on the public roadways or waterways in violation of any
then-applicable State statute or any regulation validly promulgated
by any State agency having jurisdiction. Violators whose vehicles
are impounded would pay the standard towing and storage fees as per
the Township towing ordinance. The expense of impoundment shall be
in addition to any other fine or penalty levied or collected under
the terms of this section.
[Ord. No. 2003-46 § 1; Ord. No. 2004-44 § 1]
Any person, partnership, corporation or other entity who violates
any provision of this section shall be subject to one or more of the
following penalties; no more than $1,000 or imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, notwithstanding
the foregoing the Court may order any motorized sportbike, motorcycle
or motorized bicycle in violation of any provision of this section
to be forfeited to the Township of Lakewood. In the event that the
statutes of the State are amended to provide greater penalties, this
subsection may be construed to authorize and permit the imposition
of the maximum fine, imprisonment or community service. The purpose
of this penalty clause is to provide the maximum penalty permitted
by law.
[Ord. No. 2004-21 § 1]
The Lakewood Township Police Department be and hereby is authorized
to provide protective custody to persons arrested for operating a
motor vehicle under the influence of alcoholic beverages, any chemical
substance, or any controlled dangerous substance in violation of N.J.S.A.
39:4-50.
[Ord. No. 2004-21 § 2]
The Lakewood Township Police Department be and hereby is authorized
to hold in protective custody those persons aforesaid at an appropriate
police or other facility to monitor the person's condition until the
person is no longer a danger to himself or others.
[Ord. No. 2004-21 § 3]
The person held in protective custody is no longer considered
a danger to himself or others when the person's blood alcohol concentration
is less than 0.05% and the person is no longer under the influence
of any intoxicating liquor, narcotic, hallucinogenic, or habit-forming
drug to the extent that the person's facilities are impaired.
[Ord. No. 2004-21 § 4]
No person shall be held in protective custody for a period of
more than eight hours without being offered an appropriate hearing.
[Ord. No. 2004-21 § 5]
The Police Department may release the person or provide an appropriate
alternative to protective custody due to age, health or safety of
the arrested person.
[Ord. No. 2004-39 §§ 1,
2]
a. It shall be unlawful for anyone to park a motor vehicle on any residential
property on an area that is an unpaved surface of the property of
the residential dwelling. This shall include but is not limited to
the front yard setback of the residential property.
b. It shall be unlawful for the owner, tenant or occupant of any residential
dwelling to permit a motor vehicle to be parked on any unpaved surface
of the property of the residential dwelling.
[Ord. No. 2004-39 §§ 3,
4]
a. This section shall not apply to approved existing driveways that
are paved, compacted, or gravel.
b. This section shall not apply to residential property under construction
or renovation which prevents a driveway from occupancy.
[Ord. No. 2004-39 §§ 5—7]
a. Vehicles found in violation of this section shall be towed at the
vehicle owner's expense.
b. All violators of this section shall be subject to a penalty of $250
for each violation or 30 days community service or both.
c. Each and every day in which a violation of this section exists shall
constitute a separate violation subject to penalty.
[Ord. No. 2005-50 § 1]
It shall be unlawful for a person to make, continue or cause
to be made or continued any loud, unnecessary, offensive 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.
[Ord. No. 2005-50 § 2]
Without intending to limit the generality of subsection
3-22.1, the following acts are hereby declared to be examples of loud, disturbing, offensive and unnecessary noise in violation of this section:
a. Radios; Televisions; Phonographs; Computers; Compact Discs. The playing,
use or operation of any radio receiving set, television, musical instrument,
phonograph, computer, compact disc, 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, computer, compact disc, machine or device
so that it is clearly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
[Ord. No. 2005-50 § 3]
Any person who violates any provision of this section shall
be fined for each offense not more than $1,000 nor more than 30 days
incarceration. Each violation shall be considered a separate offense.
[Ord. No. 2005-50 § 4]
The provisions of this section shall be under the jurisdiction
of the Municipal Court of the Township of Lakewood to enforce, to
include law enforcement officers and Township inspectors.
[Ord. No. 2010-58]
It shall be unlawful for any person, organization, or entity
to erect, post, paste, paint, glue, write, draw, chalk, stamp, stick,
print, nail, staple, tack, attach or affix by any means whatsoever
any handbill, poster, card, notice, marker, placard, bumper sticker,
gummed label, sign, advertisement, inscription, figure, mark, symbol,
lettering, name, sticker or any other material upon any public sidewalk,
building, curb, gutter, wall, flagstone, tree, lamp post, awning post,
telegraph pole, telephone pole, public utility pole, public garbage
bin, bus shelter, bridge abutment, highway fence, barrel, box, parking
meter, mailbox, traffic signal control device, traffic stanchion,
traffic sign (including pole), tree box, tree pit protection device,
bench, traffic barrier, hydrant, public pay telephone, picnic tables,
playground equipment, or any other public property or on private property
except by permission of the owner or authorized agent of the owner
of such property.
[Ord. No. 2010-58]
It shall be unlawful for any person to knowingly authorize or employ any person to cause the erecting, posting, plastering, painting, gluing, writing, drawing, chalking, stamping, sticking, printing, nailing, stapling, tacking, or attaching or affixing by any means whatsoever of any handbill, poster, card, notice, marker, placard, bumper sticker, gummed label, sign, advertisement, inscription, figure, mark, symbol, lettering, name, sticker or any other material not exempt pursuant to the subsection
3-23.3 herein upon any public sidewalk, building, curb, gutter, wall, flagstone, tree, lamp post, awning post, telegraph pole, telephone pole, public utility pole, public garbage bin, bus shelter, bridge abutment, highway fence, barrel, box, parking meter, mailbox, traffic signal control device, traffic stanchion, traffic sign (including pole), tree box, tree pit protection device, bench, traffic barrier, hydrant, public pay telephone, picnic tables, playground equipment, or any other public property or on private property except by permission of the owner or authorized agent of the owner of such property.
[Ord. No. 2010-58]
The provisions of this section shall not apply to any handbill,
poster, card, notice, marker, placard, bumper sticker, gummed label,
sign, advertisement, inscription, figure, mark, symbol, lettering,
name, sticker, rubber strip, wire, line or any other material posted
by or under the direction or authorization of the Mayor, Township
Committee, or any Township department or agency. The provisions of
this section shall also not apply to any sign that is permitted or
governed by any sign ordinance of the Township then in effect.
[Ord. No. 2010-58]
For purposes of this section, there shall be a rebuttable presumption that the person, firm, corporation, or other entity whose name, telephone number, address, photograph, or other identifying information appears on any handbill, poster, card, notice, marker, placard, bumper sticker, gummed label, sign, advertisement, inscription, figure, mark, symbol, lettering, name, sticker or any other material on any item or structure described in subsection
3-23.1 of this section violated this section by either (i) erecting, posting, plastering, painting, gluing, writing, thawing, chalking, stamping, sticking, printing, nailing, stapling, tacking, or attaching or affixing, or (ii) directing or permitting an agent, employee or other individual under such persons control to engage in such activity.
[Ord. No. 2010-58]
The provisions of this section shall be enforced by the Police
Department of the Township of Lakewood.
[Ord. No. 2010-58]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to one or more of the following:
a fine not to exceed $1,000; imprisonment in the County jail for a
term not to exceed 90 days or community service for a period not to
exceed 90 days, for each and every violation. If the violation is
of continuing nature, each and every day during which it continues
constitutes a separate and distinct offense.
[Ord. No. 2006-20 § 1]
It shall be unlawful for anyone to urinate in any public place.
[Ord. No. 2006-20 § 1]
PUBLIC PLACE
Shall mean any place with 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, vehicles used for public transportation, parking lot or
any other public building, structure or area.
[Ord. No. 2006-20 § 1]
Anyone convicted of an offense under this section shall be subject, upon conviction, to penalties set forth in Chapter
1, Section
1-5.
[Ord. No. 2010-57]
a. The uncontrolled placement and tethering or securing of bicycles
in public rights-of-way and semi-public rights-of-way, on or to public
property, presents an inconvenience and danger to the safety and welfare
of persons using such rights-of-way, including pedestrians and persons
entering and leaving vehicles and buildings.
b. Bicycles so located on public property as to cause an inconvenience
or danger to persons using public rights-of-way and semi-public rights-of-way,
and as to cause an unsightly appearance, constitute public nuisances.
c. These factors constitute unreasonable interference with and obstruction
of the use of the public rights-of-way and semi-public rights-of-way,
are injurious to health, offensive to the senses, and constitute such
an obstruction of the free use of property as to interfere in the
comfortable enjoyment of life and property by the entire community.
d. The Township Committee recognizes, however, that many residents use
bicycles as a primary means of transportation as well as for recreational
purposes, as a means to visit the downtown business district and that
adequate facilities need to be in place for the safe and secure parking
storage of these bicycles. These competing interests require a reasonable
accommodation, which can be satisfactorily achieved through this section,
designed to provide for the placement of bicycle parking racks and
to regulate the place and manner of bicycle parking on public property
and in public rights-of-way and semi-private rights-of-way in the
Township.
e. The provision and prohibitions hereinafter enacted are for the purpose
of securing and promoting the general welfare of persons in the Township
in their use of public rights-of-way and semi-public rights-of-way
and other public property through the regulation of bicycle parking
in the Township so as to:
1. Provide for pedestrian and driving safety and convenience;
2. Ensure no unreasonable interference with the flow of pedestrian or
vehicular traffic including ingress to, or egress from, any place
of business, or from the street to the sidewalk, use of the sidewalk,
use of public parks or property;
3. Provide reasonable access for the use and maintenance of public sidewalks,
poles, traffic signs and signals, hydrants, mailboxes, trees, and
similar appurtenances, and access to locations used for public transportation
purposes;
4. Reduce visual blight on the public rights-of-way and semi-public
rights-of-way, protect the aesthetics and value of surrounding properties,
and protect the quiet enjoyment of public areas;
5. Reduce exposure of the Township to personal injury or property damage
claims and litigations.
6. Protect and safeguard bicycles from vandalism, damage or theft.
[Ord. No. 2010-57]
a. No person shall park, tether or secure a bicycle upon or to any sidewalks,
poles, traffic signs or signals, hydrants, mailboxes, trees, and similar
appurtenances or on or in any public rights-of-way and semi-public
rights-of-way or in any other fashion on or to anything other than
a bicycle parking rack installed for that purpose, except that bicycles
may be parked on private property with the consent of the property
owner.
b. All bicycles discovered by the Township to have been tethered or
secured upon or to any sidewalks, poles, traffic signs or signals,
hydrants, mailboxes, trees, and similar appurtenances or on or in
any public rights-of-way and semi-public rights-of-way or in any other
fashion on or to anything other than a bicycle parking track installed
for that purpose, abandoned or otherwise left on public streets, sidewalks,
public property or on private property without the consent of the
owner shall be seized and impounded by the Township. The owner of
such bicycles may claim them from the Township by paying the sum of
$50 per bicycle, or an amount to be established by the Township by
resolution from time to time, for each bicycle claimed, to cover the
municipal retrieval costs, and, in addition thereto, shall pay $1
per day, or an amount to be established by the Township by resolution
from time to time, for storage of each such bicycle. All such bicycles
unclaimed after a period of six months shall be sold, in accordance
with the provisions of N.J.S.A. 40:14-157, at public auction as unclaimed
property.
c. In order to claim a bicycle from impound, the owner must identify
the bicycle by make, color or in a fashion sufficient to identify
the bicycle. The Township shall not be responsible for any bicycle
impounded or released to a person claiming to be the owner thereof.
[Ord. No. 2010-57]
For the public convenience, the Township will cause bicycle
parking racks to be placed throughout the municipality, and with emphasis
on areas where bicycles have historically been parked. Interested
persons may obtain a list of the locations of all Township bicycle
racks from the Township Clerk. Any merchant may apply to the Code
Enforcement Officer for a permit to erect a bicycle rack in front
of or adjacent to the merchant's place of business. In determining
whether to issue the permit, the size, shape and location of the bicycle
rack must be acceptable to the Code Enforcement Officer.
[Ord. No. 2010-57]
Any person who shall be guilty of a violation of this section
shall, upon conviction thereof, be subject to a fine of $100 plus
court costs for each violation.
CAMP
Shall mean to reside or dwell temporarily in a place, with
shelter. Shelter - Shall mean and includes, without limitation, any
tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any
form of cover or protection from the elements other than clothing.
Reside or dwell shall mean and includes, without limitation, conducting
such activities as eating, sleeping, or the storage of personal possessions.
DESIGNATED HUMAN SERVICE OUTREACH WORKER
Shall mean any person designated in writing by the manager of the Ocean County Department of Human Services to assist law enforcement officers as provided in subsection
3-26.3, Enforcement, regardless of whether the person is an employee of the Department of Human Services.
PUBLIC PROPERTY
Shall mean, by way of illustration, any street, alley, sidewalk,
pedestrian mall, bike path, town square, greenway, vacant land, woodland,
or any other structure or area encompassed within the public right-of-way;
any parkway, parking lot; or any other grounds, buildings, or other
facilities owned or leased by the Township or by any other public
owner, regardless of whether such public property is vacant or occupied
and actively used for any public purpose.
[Ord. No. 2013-24]
It shall be unlawful to:
a. Camp upon any private property without the express written consent
of the property owner or the owner's agent.
b. Camp upon any public property except in any park or recreation area
where camping has been expressly allowed by the officer or agency
having the control, management and supervision of the park or recreational
area.
[Ord. No. 2013-24]
a. The provisions of this section shall be under the jurisdiction of
the Municipal Court of the Township of Lakewood to enforce, to include
law enforcement officers and Township inspectors.
b. No law enforcement officer or Township inspector shall issue a citation,
make an arrest or otherwise enforce this section against any person
unless:
1. The officer orally requests or orders the person to refrain from
the alleged violation of this section and, if the person fails to
comply after receiving the oral request or order, the officer tenders
a written request or order to the person warning that if the person
fails to comply the person may be cited or arrested for a violation
of this section; and
2. The officer attempts to ascertain whether the person is in need of
medical or human services assistance, including, but not limited to,
mental health treatment, drug or alcohol rehabilitation, or homeless
services assistance. If the officer determines that the person may
be in need of medical or human services assistance, the officer shall
make reasonable efforts to contact and obtain the assistance of a
designated human service outreach worker, who, in turn, shall assess
the needs of the person and, if warranted, direct the person to an
appropriate provider of medical or human services assistance in lieu
of the person being cited or arrested for a violation of this section.
If the officer is unable to obtain the assistance of a human services
outreach worker, if the human services outreach worker determines
that the person is not in need of medical or human services assistance
or if the person refuses to cooperate with the direction of the human
services outreach worker, the officer may proceed to cite or arrest
the person for a violation of this section so long as the warnings
required by paragraph (1) of this subsection have been previously
given.
[Ord. No. 2013-20; Ord. No. 2013-66]
The Township Committee of the Township of Lakewood recognizes
that all open burning can contribute to a deterioration of air quality
and may be injurious to human health and welfare. It is also recognized
that open burning must be strictly regulated to adequately protect
the health, welfare, and safety of the public. It is the goal of this
ordinance to restrict open burning on public property in the Township
of Lakewood in order to protect the public health.
[Ord. No. 2013-20; Ord. No. 2013-66]
Open burning shall include the ignition of a fire by any fuel
source, the permitting or causing of ignition or the allowing or causing
of a fire to continue whether contained within or outside of any type
of heating, cooking or other stove apparatus.
[Ord. No. 2013-20; Ord. No. 2013-66]
Except as expressly allowed in subsection
3-27.4 of this section, no person shall conduct open burning, as such term is defined in this section, at any time on any public property in the Township of Lakewood.
[Ord. No. 2013-20; Ord. No. 2013-66]
The following types of open burning shall be permitted on public
property:
a. Open burning in conjunction with holiday, religious or festive celebrations
not exceeding two days in length and provided that a permit for such
open burning has been issued by the Ocean County Fire Marshal.
b. Campfires, outdoor grills fueled by any source, and fireplaces for the recreational preparation of food in public parks as permitted under subsection
8-7.7.
c.
1. Propane
fueled heating or cooking apparatus used within the confines of the
area known as "Tent City" until there are no longer any occupants
at which time this exemption will lapse.
2. All propane fueled heating or cooking stoves or other apparatus shall
be subject to inspection by Lakewood Township prior to any use at
Tent City.
[Ord. No. 2013-20; Ord. No. 2013-66]
a. The Ocean County Fire Marshal or his designee, the Lakewood Township
Police Department, the Lakewood Township Inspection Department and
any other authorized official of the Township of Lakewood are authorized
to enforce the provisions of this section.
b. Any person, firm, association, partnership, corporation, or government
entity who or which violates any of the provisions of this Ordinance
shall be deemed to be responsible for a municipal infraction that
shall be punishable by fine not to exceed $1,000. Each day that a
violation of this section exists or continues shall constitute a separate
violation.
c. In addition to the above enforcement procedures, the Township is
authorized to commence a civil action to obtain injunctive and other
appropriate relief or to pursue any other remedy authorized by law.
[Ord. No. 2015-65]
a. Occasions arise when an arrest or detainment of a prisoner by the
Lakewood Township Police Department will result in the prisoner leaving
personal property at police headquarters.
b. It is not the responsibility of Lakewood Township to safeguard abandoned
or neglected property or to notify persons that property has been
left at the Lakewood Police Department.
c. It is the responsibility of the prisoner or the prisoner's designee
to retrieve the property from the Lakewood Police Department.
d. Property left in the Lakewood Township Police Department by persons
detained or arrested by the Lakewood Township Police Department shall
be destroyed after 30 days of receipt of the same by the Township.
[Ord. No. 2016-26]
a. The purpose of this section is to ensure the health, safety and welfare
of those persons attending events at First Energy Park in the Township
of Lakewood.
b. For purposes of this section, weapon means anything readily capable
of lethal use or of inflicting serious bodily injury. The term includes,
but is not limited to, all firearms, any components that can be readily
assembled to a weapon, gravity knives, switchblade knives, daggers,
dirks, stilettos or other dangerous knives, billies, blackjacks, bludgeons,
metal knuckles, sandclubs, slingshots, cesti or other similar leather
bands studded with metal filings or razor blades imbedded in wood,
stun guns and any weapon or other device which projects, releases,
or emits teargas or any other substance intended to produce temporary
physical discomfort or permanent injury through being vaporized or
otherwise dispensed in the air.
c. It shall be illegal for anyone to possess a weapon at First Energy
Park or the surrounding parking lots contiguous to or adjacent to
First Energy Park.
d. This prohibition shall not apply to Lakewood Township Police Officers
assigned to duty at First Energy Park.
e. Ticket holders or visitors to First Energy Park who are currently
active or former members of Federal, State, Municipal law enforcement
or members of the military who are carrying a concealed firearm under
HR218, S1132 are exempt from this section as long as they are not
acting in an official security manner.
f. Currently active members of Federal, State, Municipal law enforcement
and Active Duty Military who are visiting First Energy Park while
on official duty are exempt from this section.
g. Any person found guilty of violating this section shall be subject
to incarceration of not more than 30 days or a $1,000 fine or both.
[Ord. No. 2019-16]
a. The Code Blue Warming Center for the Township of Lakewood is established
to protect the health, safety and welfare of the residents of Lakewood
during certain weather conditions.
b. The purpose of this section is to establish the Lakewood Community
Center as the Code Blue Warming Center of the Township of Lakewood
and to authorize the Chief of Police and/or his/her designee to declare
a Code Blue event.
c. The Chief of Police and/or his/her designee is hereby authorized
to declare a Code Blue Event for the Township's Code Blue Warming
Center, when the weather in the municipality is 35 degrees Fahrenheit
or lower, regardless of precipitation conditions.
[Added 1-19-2023 by Ord. No. 2023-02]
No person shall, within the limits of the Township of Lakewood,
New Jersey, engage in any of the following activities:
a. Intentionally
enter upon or trespass upon the land or property of any person without
permission for the purpose of tampering with or committing the theft,
or unlawful taking, of a motor vehicle.
[Added 1-19-2023 by Ord. No. 2023-02]
a. Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. In addition to the any other penalty prescribed by this section, the minimum fine for a violation of Subsection
3-31.1 shall be $1,000 for the first offense and $2,000 for each second or subsequent offense. Each property trespassed upon, or vehicle tampered or targeted for theft or unlawful removal, shall constitute a separate and distinct offense.