Township of Lakewood, NJ Chapter 3 Police Regulations

§ 3-1 LOITERING.

§ 3-1.1 Definitions.

[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.

§ 3-1.2 Certain Types of Loitering Prohibited.

[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.

§ 3-1.3 Refusal to Obey Orders of a Police Officer.

[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.

§ 3-1.4 Loitering by Minors.

[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.

§ 3-1.5 Notice of Violation.

[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.

§ 3-1.6 Presumption.

[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.

§ 3-2 CURFEW FOR MINORS.

[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.

§ 3-3 OBSCENE CONDUCT PROHIBITED.

§ 3-3.1 Definitions.

[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.

§ 3-3.2 Prohibited Conduct.

[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.

§ 3-3.3 Notice of Obscene Material or Action.

[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.

§ 3-3.4 Types of Proceedings.

[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.

§ 3-3.5 Evidence; Defenses.

[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.

§ 3-3.6 Violations; Penalties.

[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.

§ 3-4 CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC OR PRIVATE PROPERTY. [1]

[1] Editor's Note: See also Chapter 8, Section 8-13 for permits for special events in parks.

§ 3-4.1 Prohibited and Unlawful Conduct.

[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.

§ 3-4.2 Exceptions.

[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.

§ 3-4.3 Special Permits.

[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.

§ 3-4.4 Regulations.

[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.

§ 3-4.5 Presumption.

[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.

§ 3-4.6 Consumption of Alcoholic Beverages by Persons Under the Legal Age. [1]

[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.

[1] Editor's Note: Regulations for Persons Under the Legal Age can also be found in Chapter 6, Section 6-6.

§ 3-4.7 Possession or Consumption of Alcoholic Beverages by Underage Persons on Private Property.

[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.

§ 3-5 INTERFERENCE WITH RETAIL OR WHOLESALE BUSINESS PRACTICES.

§ 3-5.1 Prohibition.

[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.

§ 3-5.2 Violations and Penalties.

[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.

§ 3-6 LITTER. [1]

[1] Editor's Note: Prior ordinance history includes portions of 1971 Code §§ 4-1.1 — 4-1.9.

§ 3-6.1 Purpose.

[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.

§ 3-6.2 Definitions.

[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.

LITTER RECEPTACLE

Shall mean a container suitable for the depositing of litter.

PERSON

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

§ 3-6.3 Prohibited Acts and Regulated Activities.

[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.

§ 3-6.4 Streets, Sidewalks and Curbs.

[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.

§ 3-6.5 Enforcement.

[Ord. No. 2005-92 § 1]

The provisions of this section shall be enforced by the Police Department of the Township of Lakewood.

§ 3-6.6 Violations and Penalty.

[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.

§ 3-7 HANDBILL DISTRIBUTION.

§ 3-7.1 Definitions.

[1971 Code § 4-10.1]

As used in this section:

DISTRIBUTION

Shall mean free distribution or delivery.

PRINTED MATTER

Shall mean cards, circulars, handbills, leaflets, magazines, newspapers, notices and pamphlets.

§ 3-7.2 Permit Required.

[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.

§ 3-7.3 Regulations for Handbill Distribution.

[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.

§ 3-7.4 Exceptions.

[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.

§ 3-8 SHOPPING CARTS.

§ 3-8.1 Definitions.

[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.

§ 3-8.2 Use Regulations.

[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.

§ 3-9 ABANDONED MOTOR VEHICLES. [1]

[1] Editor's Note: See also Board of Health Section BH3-2, Abandoned Vehicles.

§ 3-9.1 Hazard Established.

[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.

§ 3-9.2 Definitions.

[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.

§ 3-9.3 Abandonment of Vehicles Prohibited.

[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.

§ 3-9.4 Wrecked, Non-operating or Junked Vehicles on Street Prohibited.

[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.

§ 3-9.5 Disposition of Wrecked or Discarded Vehicles.

[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.

§ 3-9.6 Impounding of Vehicles.

[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.

§ 3-10 DRUG-FREE SCHOOL ZONES.

§ 3-10.1 Adoption of Map.

[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.

§ 3-10.2 Official Finding and Boundaries.

[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.

§ 3-10.3 Notification of Changes.

[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.

§ 3-10.4 Copy of Map on File.

[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.

§ 3-10.5 Additional Matters.

[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.

§ 3-11 FALSE ALARMS.

§ 3-11.1 Purpose.

[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.

§ 3-11.2 Definitions.

[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.

§ 3-11.3 Violations: Assessment of Fines and Court Costs.

[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.

§ 3-11.4 Enforcement.

[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.

§ 3-12 BINGO AND GAMES OF CHANCE PERMITTED ON SUNDAYS.

[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.

§ 3-13 BICYCLES.

§ 3-13.1 Intent and Purposes for Regulations.

[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.

§ 3-13.2 Scope.

[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.

§ 3-13.3 Definitions.

[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.

PEDESTRIAN

Shall mean a person afoot.

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.

§ 3-13.4 Registration of 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.

§ 3-13.5 Procedure for Registration.

[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.

§ 3-13.6 Transfer of Ownership.

[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.

§ 3-13.7 Altering Licenses.

[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.

§ 3-13.8 Bicycle Laws.

[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.

§ 3-13.9 Safety Inspection Requirements.

[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.

§ 3-13.10 Rental Agencies.

[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.

§ 3-13.11 Violations and Penalties.

[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.

§ 3-14 PROSTITUTION.

§ 3-14.1 Definitions.

[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.

§ 3-14.2 Loitering for the Purpose of Prostitution.

[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.

§ 3-14.3 Presumption of Requisite Purpose.

[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.

§ 3-14.4 Burden of Proof as to Prior Conviction.

[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.

§ 3-14.5 Violations and Penalties.

[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.

§ 3-15 NO SOLICITATION FROM PUBLIC RIGHT-OF-WAY.

§ 3-15.1 Declaration.

[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.

§ 3-15.2 Definitions.

[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.

§ 3-15.3 Unlawful Acts—Pedestrians.

[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.

§ 3-15.4 Unlawful Acts—Operators of Motor Vehicles.

[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.

§ 3-15.5 Lawful Acts.

[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.

§ 3-15.6 Penalties for Offenses.

[Ord. No. 2010-12 § 1]

Any violation of this section is punishable by a fine of $250 for each offense.

§ 3-16 (RESERVED)

§ 3-17 (RESERVED) [1]

[1] Editor's Note: Prior material codified regarding fireworks was repealed by Ord. No. 2018-17.

§ 3-18 PROHIBITION OF TOBACCO SALES TO MINORS AND BY VENDING MACHINES.

§ 3-18.1 Prohibition of Tobacco Sales to Minors.

[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.

§ 3-18.2 Identification Required.

[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.

§ 3-18.3 Prohibition of Tobacco Vending Machines and Self-Service Tobacco Displays.

[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.

§ 3-18.4 Removal of Tobacco Vending Machines and Self-Service Tobacco Displays.

[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.

§ 3-18.5 Definitions.

[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.

§ 3-18.6 Enforcement.

[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.

§ 3-18.7 Violations; Penalties.

[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).

§ 3-18.8 Effective Date.

[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.

§ 3-18.9 Filing of Certified Copies of Regulations.

[Ord. No. 99-32 § 10]

A certified copy of the within section be forwarded by the Township Clerk to the following:

a. Municipal Manager.

b. Chief Financial Officer.

c. Code Enforcement Officer.

d. Chief of Police.

e. Township Attorney.

f. Ocean County Health Department.

§ 3-19 OPERATION OF CERTAIN MOTOR VEHICLES.

§ 3-19.1 Definitions.

[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.

§ 3-19.2 Acts Prohibited.

[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.

§ 3-19.3 General Regulations.

[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.

§ 3-19.4 Impoundment; Duration; Cost.

[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.

§ 3-19.5 Violations and Penalties.

[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.

§ 3-20 PROTECTIVE CUSTODY OF CERTAIN PERSONS ARRESTED FOR DUI.

§ 3-20.1 Authorization to Provide Protective Custody.

[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.

§ 3-20.2 Facility to Hold in Protective Custody.

[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.

§ 3-20.3 Release of Person Held in Custody.

[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.

§ 3-20.4 Time Limit for Holding.

[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.

§ 3-20.5 Exceptions.

[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.

§ 3-21 PARKING OF MOTOR VEHICLES ON UNPAVED SURFACE OF RESIDENTIAL PROPERTY.

§ 3-21.1 Prohibitions.

[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.

§ 3-21.2 Exceptions.

[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.

§ 3-21.3 Violations and Penalties.

[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.

§ 3-22 NOISE.

§ 3-22.1 Noise Prohibited.

[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.

§ 3-22.2 Definition of Noise.

[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.

§ 3-22.3 Penalties.

[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.

§ 3-22.4 Enforcement.

[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.

§ 3-23 DEFACING PUBLIC AND PRIVATE PROPERTY.

§ 3-23.1 Defacement.

[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.

§ 3-23.2 Unlawful to Authorize Defacement.

[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.

§ 3-23.3 Exemptions.

[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.

§ 3-23.4 Rebuttable Presumption.

[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.

§ 3-23.5 Enforcement.

[Ord. No. 2010-58]

The provisions of this section shall be enforced by the Police Department of the Township of Lakewood.

§ 3-23.6 Violations and Penalty.

[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.

§ 3-24 URINATION IN PUBLIC PLACES.

§ 3-24.1 Prohibition.

[Ord. No. 2006-20 § 1]

It shall be unlawful for anyone to urinate in any public place.

§ 3-24.2 Definition.

[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.

§ 3-24.3 Violations and Penalties.

[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.

§ 3-25 BICYCLE PARKING RACKS.

§ 3-25.1 Definitions.

[Ord. No. 2010-57]

BICYCLE PARKING RACK

Shall mean a rack for the storage, parking and securing of bicycles.

§ 3-25.2 Intent and Purpose.

[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.

§ 3-25.3 Prohibited Acts.

[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.

§ 3-25.4 Bicycle Parking Rack Locations.

[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.

§ 3-25.5 Violation—Penalty.

[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.

§ 3-26 UNAUTHORIZED CAMPING ON PUBLIC OR PRIVATE PROPERTY PROHIBITED.

§ 3-26.1 Definitions.

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.

§ 3-26.2 Acts Prohibited.

[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.

§ 3-26.3 Enforcement.

[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.

§ 3-27 PROHIBITING OPEN FIRES ON PUBLIC PROPERTY.

§ 3-27.1 Purpose.

[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.

§ 3-27.2 Definitions.

[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.

§ 3-27.3 Acts Prohibited.

[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.

§ 3-27.4 Acts Allowed.

[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.

§ 3-27.5 Enforcement, Violations and Penalties.

[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.

§ 3-28 DISPOSAL OF POLICE PRISONER PROPERTY.

[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.

§ 3-29 PROHIBITING THE POSSESSION OF WEAPONS AT FIRST ENERGY PARK.

§ 3-29.1 Weapons Prohibited at First Energy Park.

[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.

§ 3-30 CODE BLUE WARMING CENTER.

[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.

§ 3-31 PROHIBITED ACTIVITIES.

§ 3-31.1 Prohibited Acts.

[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.

§ 3-31.2 Violations and Penalties.

[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.