Borough of Interlaken, NJ
Monmouth County
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Table of Contents
Table of Contents
The enforcement of the prohibition of excess noise is also contained in Chapter 26, Land Use and Development.
[Ord. No. 111 § 1]
No person shall (a) permit, make or continue, or cause to be permitted, made or continued, any unnecessary noise which shall disturb the comfort, rest and repose of any person at his residence or at any public or private meeting (b) make or cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him, or in any public place, or upon any public street or thoroughfare in the Borough, any unnecessary noises or sounds by means of the human voice, or by any other means or methods which are physically annoying, or which are so harsh, or so prolonged, or unnatural, or unusual in their use, time, and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of any or the inhabitants of the Borough.
[Ord. No. 111 §§ 2, 3]
a. 
No person shall pay, use, operate or permit to be played, used or operated any radio, receiving set, musical instrument, phonograph, television or other machine or device for the production or reproduction of sound with louder volume than is necessary for convenient hearing of the persons or playing, using or operating such instrument or device, and such persons who are voluntary listeners, thereto, or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants.
b. 
No person shall, for advertising purposes or for the purpose of attracting the attention of the public, play use, operate, or permit to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, television or other machine or device for the producing or reproducing of sound on the streets or public places of the Borough or in any place where the sound therefrom is cast directly upon the streets or public places or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.
[Ord. No. 111 §§ 4, 6; Ord. No. 191 § 1; Ord. No. 2010-2 § 1]
a. 
Regulations. No person shall engage in the erection, excavation, demolition, alteration or repair of any building, or similar power devices other than between the hours of 8:00 a.m. and 8:00 p.m. on weekdays, including Saturdays, and at no time on Sundays, except in the case of urgent necessity in the interest of public health and safety in case of construction activity and then only with a permit from the Construction Official, which permit may not be renewed except if the emergency conditions continue and then only for an additional period of three days.
In addition, exceptions to the foregoing shall be allowed in the following circumstances:
1. 
For snow blowers or other motorized snow removal equipment when snow has reached a depth that warrants the Borough snow plows to remove snow from public streets or when accumulation prevents personal access to walkways and vehicle access to driveways.
2. 
For emergency power generators in the case of a power outage until primary power is restored.
3. 
For chain saws when fallen trees affect egress or ingress to any structure, street or driveway or affect the structural integrity of any building or present personal harm or injury to any citizen or resident.
During the aforesaid emergencies every effort shall be made by the users of such equipment to ameliorate the noise effect on neighbors in terms of time frame and duration.
b. 
Use of Heavy Construction Equipment. No person shall engage in, cause, or permit the operation between the hours of 8:00 p.m. and 8:00 a.m. of the following day, from Monday through Friday, of any pile driver, steam shovel, pneumatic drill or hammer, derrick, steam or electric hoist or other appliance the use of which is attended by loud or unusual noise. Such equipment may be used between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays and Sundays.
[Ord. No. 111 § 5]
No person shall engage in, or cause the shouting of peddlers, hawkers and vendors, or make use of any drum, loudspeaker, bell or other instrument or device for the purpose of attracting attention to any performance, show or sale or to a display or merchandise by the creation of noise which disturbs the peace and quiet of the neighborhood.
[Ord. No. 111 § 7]
The enumeration of specific prohibited acts in subsection 3-1.2 and 3-1.3, both inclusive, shall not be deemed to be exclusive or by way of limitation of the general prohibition as delineated in subsection 3-1.1.
[Ord. No. 111 § 8]
Any person who shall violate the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of the provisions of this section and each day that the violation shall be deemed to be a separate and distinct violation.
[Ord. No. 339 § 1]
The purpose of this section is to establish regulations concerning the operation and maintenance of certain alarm systems and devices within the Borough and to provide penalties for the violation of any provisions hereof.
[Ord. No. 339 § 2]
As used in this section, the following terms shall have the following meanings indicated:
ALARM DEVICE
Shall mean any type of alarm-actuating equipment which provides warning of the intrusion, fire, smoke, burglary, food or like peril, including but not limited to a direct alarm, dial alarm or local alarm. For purposes of this section, the term "alarm device" shall not include private residences with self-contained smoke detectors with an indoor audible alarm signal.
ALARM SYSTEM
Shall mean the installation in one or more buildings of one or more alarm systems.
FALSE ALARM
Shall mean the activation of an alarm where an emergency does not exist, or an alarm activated by inadvertence, negligence or an unintentional or intentional act of someone other than an intruder, and shall include alarms caused by malfunctioning of Police Department equipment, or activations caused by public utility interruptions where such interruptions have been reported to the Police or activation caused by a natural disaster, or by the testing or repair of any alarm system or device, provided that the Police Department has been notified prior to the commencement of such tests or repairs, or an activation which is followed by a telephone call within a minute and a half to the Police Department from the owner or the operator of the device notifying the Police Department that the alarm signal is to be disregarded.
LOCAL ALARM
Shall mean any alarm device, other than a dial alarm which, when activated, produces and external emergency signal.
PERSON
Shall mean any natural person, partnership or corporation, limited partnership, association, business, club or organization.
[Ord. No. 339 § 3; Ord. No. 340]
Any person who owns, operates, maintains or has on his or her property any alarm device within the Borough shall notify the Police Department in writing on a registration form available at Police Headquarters. This form requires the name, address and telephone number of at least two persons who can be reached in case of an emergency or malfunction in order that the device can be shut off or temporarily disconnected. The notice shall also list the alarm company name and type of alarm (fire, burglary, etc.).
[Ord. No. 339 § 4]
All dial alarms shall conform to the following regulations:
a. 
Dial alarms shall be coded to select a special number or the general Police number or the general Police emergency number assigned by the Police Department. No such device shall dial any other telephone number on the Police switchboard.
b. 
Prerecorded messages shall be approved by the Chief of Police or his designee, as to content, clarity, length and the number of times the message is to be repeated.
c. 
The device shall be provided with an automatic line seizure feature in the event that the assigned telephone line is busy with another call.
d. 
All such devices shall be capable of being disconnected by the owner to permit a call to the Police switchboard in the event of a false alarm.
e. 
All components of such equipment shall be maintained by the owner or operator in good repair.
f. 
In the event a person who owns or operates a dial alarm device fails to comply with this election. The Chief of Police or his designee shall issue a written notice to such person stating the reasons why such device does not comply with this section. Failure of such person to comply with such notice within 10 days of mailing shall be deemed a violation of this section. Noncompliance for each day after such 10 day period shall be considered a separate violation of this section.
[Ord. No. 339 § 5]
All external audible alarms shall be registered with the Police Department in accordance with this section and shall be equipped with a timed device that will automatically silence the external audible alarm signal within 15 minutes after it is activated.
[Ord. No. 339 § 6]
The Police Department shall cause a record of all false alarms that occur in the Borough. The owner or operator of an alarm device in the Borough shall be subject to the following penalties for false alarms that occur during any calendar year:
a. 
For the first and second false alarm, a written warning shall be issued to the owner operator.
b. 
For the third and fourth alarms, there shall be imposed a fine of $25 for each false alarm.
c. 
For the fifth and subsequent false alarms, there shall be imposed a fine of $50 for each such false alarm. In addition, in the case of false alarms, including but not limited to dial alarms, the Police Department shall conduct an investigation as to the reasons for such continued false alarms, and upon a finding by the Police Department that there has been abuse or neglect in the operation or maintenance of any such alarm device and a failure to take reasonable measures to remedy the cause of such false alarms, the Chief of Police or his designee may require that such alarm device be disconnected from Police Headquarters, either temporarily or permanently. No disconnection shall be made until after 10 days from the date the Police Department has given written notice to the owner or operator that the device will be disconnected. The owner or operator shall have the right to appeal the decision of the Police Department to the Borough Council. Notice of an appeal must be in writing and must be filed in the Office of the Borough Clerk not later than 10 days from the date of notice of intended disconnection is given by the Police Department. If an appeal is filed as provided herein, the Mayor and Council shall hold a public hearing on the matter and may affirm, reverse or modify the decision of the Police Department, and no disconnection shall be made until the appeal is decided by the Mayor and Council.
[Ord. No. 339 § 7]
This section shall apply to alarm devices placed in service prior to or subsequent to the effective date hereof; (This section was adopted on July 8, 1996) provided however, that owners or operators of existing alarm devices shall have 30 days from the effective date hereof to register such alarm devices, the Police Department in accordance with this section, and 120 days from the effective date hereof to equip alarm devices having an external audible alarm with an automatic mechanism as required by the section.
[Ord. No. 339 § 8]
This section shall be enforceable in the Municipal Court of the Borough of Interlaken. Any person who is found guilty of violating any provision of this section, other than a provision for which a specific penalty is indicated, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 214 § 1]
It shall be unlawful for any person to consume or to have in his or her possession any alcoholic beverage while in a motor vehicle which is on a public street, recreational area, park or plaza within the Borough of Interlaken.
[Ord. No. 214 § 2]
It shall be unlawful for any person to consume or to have in his or her possession any alcoholic beverage while upon or in a public street, recreational area, park, plaza, or public building within the Borough.
[Ord. No. 214 § 3]
The provisions of this section do not apply to a person having alcoholic beverages in unopened bottles or containers in a motor vehicle or in his or her possession solely for the purpose of transporting the same, or when in attendance at a civic function, or a well and properly supervised private function on or in property belonging to the Borough.
[Ord. No. 214 § 4]
As used in this section:
MOTOR VEHICLE
Shall mean an automobile, car, truck, trailer, bus, van, camper, motor home, motorcycle, and any other vehicle for the transportation of persons or personal property.
[Ord. No. 214 § 5; New]
Each and every person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 293 § 1]
No person under the age to purchase alcoholic beverages shall order, be served, have in his or her possession or consume any alcoholic beverages on any public or private street or in any public or private place in the Borough of Interlaken.
[Ord. No. 293 § 1]
No person shall invite, induce or knowingly allow any person under the legal age to purchase alcoholic beverages to be served with, have in his or her possession, or consume any alcoholic beverage on any public or private street or in any public or private place in the Borough.
[Ord. No 293 § 2; Ord. No. 368 § 2]
a. 
Parents or Legal Guardian Right to Serve. No provision of this section shall limit a parent or legal guardian from serving alcoholic beverages to his or her own children. No provision of this section shall limit the use of alcohol by persons under the legal age to purchase alcoholic beverages if used in connection with a religious observance or ceremony.
b. 
Underaged Persons, Rights in Religious Ceremony or in Presence of Parent or Guardian. This section shall not prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or right; or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
[Ord. No. 293 § 4; Ord. No. 368 § 1]
a. 
Persons Over the Legal Age Who Serve Minors. Any person who violates this section shall, upon conviction, for each offense, be subject to the penalties as established by N.J.S.A. 2C:33-17.
b. 
Persons Under the Legal Age Who Possess or Consume Alcoholic Beverages on Private Property. Any person under the legal age to purchase alcoholic beverages who, without legal authority, knowingly possesses or knowingly consumers an alcoholic beverage on private property, shall be guilty of an offense which is punishable by a fine of $250 for a first offense and $350 for any subsequent offense. The Court may, in addition to the fine authorized for this offense, suspend or postpone the driving privileges for the defendant for six months.
c. 
Persons Under the Legal Age Who Possess or Consume Alcoholic Beverages on Public Property. Any person who violates the provisions of this section shall be liable to the penalties stated in N.J.S.A. 2C:33-15.
[Ord. No. 367 § 1]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free School Zone Map produced on or about April 15, 2000 by Peter R. Avadian, P.E., Borough Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of property which is used for school purposes and which is owned by or leased to any elementary school, secondary school or School Board, and of the areas on or within 1,000 feet of such school property.
[Ord. No. 367 § 2]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-5.1 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 location and boundaries of school property and Drug-Free School Zones.
[Ord. No. 367 § 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 Borough Engineer, the Borough Attorney and the Borough Clerk of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes.
[Ord. No. 367 § 4]
The Municipal Clerk is hereby directed to receive and to keep on file the original map approved and adopted pursuant to subsection 3-5.1, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such a map of this section shall be provided without cost to the County Clerk and to the Office of the Monmouth County Prosecutor.
[Ord. No. 367 § 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 3-5.1 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 Borough;
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 therein as school property was owned by (or leased to) a school or School Board and was being used for school purposes as of April 2000, that being the effective date of N.J.S.A. 2C:35-7.
c. 
Pursuant to the provisions of L. 1988, c.44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other that the one approved and adopted pursuant to subsection 3-5.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a School Board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval, and adoption of a Drug-Free School have been complied with.
[Ord. No. 366 Preamble]
Chapter 327, Public Laws of 1997, approved January 9, 1998 prohibits the distribution or possession with intent to distribute controlled dangerous substances within 500 feet of public housing facilities, public parks and/or public buildings.
It is necessary to locate and define the boundaries of the area on or within 500 feet of public parks and buildings within the Borough of Interlaken.
[Ord. No. 306 §§ 1, 2]
a. 
There is hereby adopted and approved a certain Map prepared by Peter R. Avakian, P.E., Borough Engineer, dated April 3, 2000, for the purpose of depicting the location and boundaries of the area on or within 500 feet of all public parks and public buildings in the Borough of Interlaken to enable enforcement of Chapter 327, Public Laws of 1997, approved January 9, 1998.
b. 
A true copy of the aforementioned Map approved pursuant to this section shall be filed with the Municipal Clerk and shall be maintained as an official record of the Borough.
See Chapter 4, Section 4-1, Canvassers and Solicitors, for licensing requirements to distribute handbills.
[Ord. No. 139 § 1]
This section shall be known and may be cited as the "Anti-Litter Regulations."
[Ord. No. 139 § 2; Ord. No. 303 § 3]
As used in this section:
COMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
a. 
Which advertises for sale any merchandise, product, commodity, or thing; or
b. 
Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof of sales; or
c. 
Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit;
d. 
Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
JUNK
Shall mean any old, or unused waste, iron or metal or substance, glass, paper, machines, appliances, equipment, business or household furniture or furnishings, or any parts or portions thereof or accessories thereof, unregistered motor vehicles and any material commonly known and generally referred to as "junk" in the ordinary meaning of the word.
LITTER
Shall mean garbage refuse and rubbish, recyclable and nonrecyclable household bulk items, and recyclable and nonrecyclable demolition and construction materials, and solid was as defined in this Code and all other waste material which, if thrown, deposited, left or abandoned, as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by law; and, in addition thereto, shall mean and include any periodical or magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed matter or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
PARK
Shall mean a park, reservation, playground, recreation center or any other public area in the Borough used only by the Borough and devoted to active or passive recreation.
PERSON
Shall mean any person, firm, corporation, association, partnership, company or organization of any kind.
PRIVATE PREMISES
Shall mean any dwelling, house, building, or structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or structure.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
REFUSE
Shall mean all putrescible and nonputrescible wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned or unused vehicles or parts thereof, solid market, industrial wastes, animal and bird wastes or leavings.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both combustible or noncombustible wastes, such as paper, wrappings, cigarettes, cardboard (Corrugated cardboard is to be recycled. See Chapter 17, Solid Waste Management), tin cans, yard clippings, (except leaves), wood, glass, bedding, crockery and similar materials.
VEHICLE
Shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.
[Ord. No. 139 § 3; Ord. No. 303 § 3; Ord. No. 344 § 1]
No person shall throw, deposit, leave or abandon litter or junk in or upon any street, sidewalk or other public place within the Borough except in public receptacles, authorized private receptacles or as otherwise specifically permitted in this Code.
[Ord. No. 139 § 4]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Ord. No. 139 § 5]
No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter and junk.
[Ord. No. 139 § 6]
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Borough or upon private property.
[Ord. No. 139 § 7]
No person shall drive or move any truck or other vehicle within the Borough unless the vehicle is so constructed or leaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
[Ord. No. 139 § 8]
No person shall throw, deposit, leave or abandon any litter or junk in any park or public place within the Borough, except in public receptacles and in such a manner that the litter or junk which is placed in the public receptacles will be prevented from being carried or deposited by the elements upon any part of the park or public place or any street. Where public receptacles are not provided, all such litter or junk shall be carried away from the park or public place by the person responsible for its presence and properly disposed of elsewhere.
[Ord. No. 139 § 9]
No person shall throw or deposit litter or junk in any fountain pond, pool, lake, stream or other body of water within the Borough.
[Ord. No. 139 § 10]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Borough. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any street, sidewalk, or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
[Ord. No. 139 § 11]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[Ord. No. 139 § 12]
No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
[Ord. No. 139 § 13]
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so, or if there is placed on premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any matter that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
[Ord. No. 139 § 14]
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case or inhabited private premises which are not posted, as provided in this section, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when prohibited by Federal postal law or regulations.
a. 
The provisions of this subsection shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspaper shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or other private property.
[Ord. No. 139 §§ 16—18; Ord. No. 344 § 3]
a. 
The owner of person in control of any private property shall at all times maintain the premises free of litter and junk, except as provided in paragraph b.
b. 
Litter and junk accumulated in the Borough shall be disposed of by the property owner, occupant and/or its designees and shall be collected, conveyed and disposed of by the Borough, under the supervision and administration of the Borough Clerk in accordance with certain regulations and guidelines as may be adopted by the Borough Council as referenced in this section.
c. 
The Health Officer, the Code Enforcement Officer, or Police Officer is hereby authorized and empowered to notify the owner of any private property within the Borough, or the agent of such owner, to properly dispose of litter or junk located on such owner's property which is dangerous to public health, safety or welfare. This notice shall be sent by Registered or Certified Mail, addressed to the owner or owner's agent at his or her last known address. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter which is dangerous to the public health, safety or welfare within 10 days after receipt of such written notice, or within 10 days after the mailing of such written notice provided the same had proper postage thereon, and was properly addressed to the last known address of such owner or agent, the Borough Health Inspector, Borough Administrator or Borough Clerk are hereby authorized and empowered to pay for the disposing of such litter or junk or to order its disposal by the Borough.
d. 
When the Borough has effected the removal of such litter or junk, or has paid for its removal, the cost thereof plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to the owner by the Borough, and this charge shall be due and payable by the owner at the time the tax bill is due and payable, and, if not paid, shall be collectible in the same manner as unpaid tax bills.
[Ord. No. 139 § 19; Ord. No. 344 § 6]
a. 
Any individual, partnership, corporation or other entity who violates or neglects to comply with any provision of this section or any rule or regulation promulgated pursuant thereto shall be subject to an initial warning or the penalties as stated in Chapter 1, Section 1-5. Subsequent thereto, any violation shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
b. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[Ord. No. 344 § 7]
The Borough Clerk in his/her discretion may issue rules and regulations in accordance with the provisions of this section in the form of newsletters, notices or other official publications which shall be subject to the review and adoption by the Borough Council.
[Ord. No. 344 § 8]
This section shall be enforced by the Borough Clerk, the Code Enforcement Officer and/or the Police Department, who shall have the power to issue warnings and/or summons for noncompliance with any provisions of this section.
[Ord. No. 2006-6 § 1]
The purpose of this section is to establish requirements to control littering in the Borough of Interlaken, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2006-6 § II]
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, 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, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
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.
[Ord. No. 2006-6 § III]
a. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public 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.
[Ord. No. 2006-6 § IV]
This section shall be enforced by the Code Enforcement/Zoning Officer and/or the Police Department of the Borough of Interlaken.
[Ord. No. 2006-6 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the general penalty provisions contained in Chapter 1, Section 1-5.
[Ord. No. 229 §§ 5, 6; Ord. No. 282 § 1; New]
As used in this section:
ABANDONED VEHICLE
Shall mean:
a. 
If it has been parked continuously on a street, avenue, highway, or other place for a period in excess of 48 hours.
b. 
If the owner has terminated the use and care of the same and has left it on open lands, on private property, and has either indicated by his words or actions an interest to leave the same and no arrangement for the storage thereof under cover with the owner or occupant of the premises on which it is located for a period of at least 30 days.
INOPERABLE VEHICLE OR JUNK AUTOMOBILE BODY
Shall mean any automobile or truck which is no longer in actual use as a motor vehicle, or which is wholly unfit without rebuilding or reconditioning for use for highway transportation or which has been discarded for use as a motor vehicle or which remains unregistered for a period of more than 60 days.
MOTOR VEHICLE
Shall include all vehicles designed to be propelled other than by muscular power, except such vehicles as run only upon rails or tracks, and as used in this section shall also include any part or parts of a motor vehicle and any such vehicle whether or not the same by reason of its present condition is still capable or self-propulsion.
UTILITY OR CONSTRUCTION TRAILER
Shall mean a cargo trailer with or without motor power, designed for carrying property and for being drawn by a motor vehicle.
[Ord. No. 229 §§ 1, 2, 3; Ord. No. 2010-5]
a. 
No person shall abandon, leave, store or maintain, or permit the abandonment, leaving, storage or maintenance of inoperable motor vehicles or vehicles in a state of substantial disrepair or other unused machinery and equipment out of doors on public or private property within the Borough. This section is in addition to N.J.S.A. 39:4-56.5 et seq.
b. 
No person shall abandon or permit the abandonment on public or private property within the boundaries of the Borough of any motor vehicle owned by him or under his control or in his possession at the time of abandonment, or store or permit the storage of an abandoned vehicle on any property owned by him or in his possession or under his control.
c. 
Any person who owns or has control of any premises and finds a motor vehicle left on his property without his knowledge, acquiescence of consent, where the owner of the vehicle has failed or refused to remove the same, or the owner is unknown, shall promptly notify the Police of the year, model and make of the vehicle, and if know or ascertainable, registration, license, serial number and ownership thereof, with such further and additional information as the Police may request, to ascertain whether or not the same has been abandoned. The Police shall take such further and additional steps as may be necessary to determine whether the same is an abandoned vehicle and, if the same is, shall proceed to take possession thereof and thereafter dispose of the same and any other provisions of the law pertinent thereto.
[Ord. No. 229 § 4; Ord. No. 2010-5]
Where a motor vehicle is in such a condition that it is no longer self-propelled and by reason of the same is not a motor vehicle within the jurisdiction of the Motor Vehicle Commission, or where there is other unused machinery and equipment out of doors on private property, then the owner of the property or the person having possession or control thereof where such motor vehicle or machinery shall be located shall remove and dispose of the same through private contractor by private means. The Police, an authorized member of his department, or the Code Enforcement Officer, is hereby authorized to remove the vehicles or equipment and machinery within 10 days after notice from the Police or Code Enforcement Officer and the owner and person having possession or control of such property shall pay and be jointly and severally liable for all costs incurred by the Borough in effecting such removal.
If payment of the removal charges is not made upon demand, the charges shall become a lien in the property. Removal by the Police or his representative or the Code Enforcement Officer shall not provide a defense or excuse to an owner or person having possession or control of such premises for failure to comply with this section.
[Ord. No. 229 § 5]
Utility type or construction type trailers designed for commercial purposes may not be parked on any property, public or private, in the Borough except for vehicles, trailers, etc. owned and operated by the Borough for use in the maintenance of the Borough. Temporary exemption to the provision of this section for a reasonable period of time may be granted at the discretion of the Chief of Police.
[New]
Any person who violates this section shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-5.
[Ord. No. 212; New]
a. 
Certain Types of Loitering Prohibited. No person shall loiter in a public place in such manner as to:
1. 
Create of cause to be created a danger of a breach of the peace.
2. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
3. 
Obstruct the free passage of pedestrians or vehicles.
4. 
Obstruct, molest or interfere with any person lawfully in any public place. The subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature of which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
[Ord. No. 212 § 4]
As used in this section:
MOTOR VEHICLE
Shall mean an automobile, car, truck, trailer, transportation of persons or personal property.
[New]
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 3-14.1, he/she shall, if he/she deems it necessary for the preservation of the public peace and safety, order that person to leave the 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.
[Ord. No. 212 § 5; New]
Each and every person violating any of the provisions of this section shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, Section 1-5.
See also Emergency Management Coordinator in Section 2-22.
[Ord. No. 128 Preamble]
It is deemed necessary and in the public interest that the Borough take all appropriate action to insure that orderly procedures exist to protect persons and property of the citizens of the Borough of Interlaken. N.J.S.A. 40:48-1(6) grants to the Borough the power to preserve the public peace and order and to prevent and quell riots and disturbances.
[Ord. No. 128 § 1]
Whenever, in the judgment of the Mayor, or in the event of his inability to act, then the President of the Borough Council it is determined that an emergency exists as a result of disorderly assembly, mob action, riots, disturbances or other civil disobedience, causing danger of injury to or damages to person or property, the Mayor shall have power to proclaim any or all of the following regulations necessary to preserve the peace and order of the Borough:
a. 
Impose a curfew upon all or any portion of the Borough, thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places or lands; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, Firefighters and Borough authorized or requested Law Enforcement Officers and personnel may be exempted from such curfew.
b. 
Designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.
c. 
Call upon regular auxiliary Law Enforcement Agencies and organizations within or without the Borough to assist in preserving and keeping the peace within the Borough.
d. 
Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
e. 
Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever, or the display thereof.
f. 
Order that no person shall consume any alcoholic beverages in any public street or place which is publicly owned or in any vehicle, motor or otherwise, driven or parked thereon, which is within a duly designated restricted area.
g. 
Order that no person shall carry or possess any rock, bottle, club, stick or weapon, or to use the same against the person or property of another.
h. 
Order that no person shall make, carry, possess or use any type of "Molotov cocktail," gasoline or petroleum based firebomb or other incendiary missile.
i. 
Issue such other orders as are imminently necessary for the protection of life and property and to impose such other rules and regulations as may be necessary to implement and carry out emergency control operations to protect the health, safety and welfare of the citizens and residents of the Borough.
[Ord. No. 128 § 2]
The Proclamation of Emergency provided herein and any amendments, orders, rules and regulations of this Proclamation shall become effective upon the issuance and dissemination to the public.
[Ord. No. 128 § 3]
Any emergency and orders, rules and regulations proclaimed thereunder shall remain in full force and effect until amended or terminated by Proclamation.
[Ord. No. 128 § 4; New]
Any person who shall willfully fail or refuse to comply with the orders of duly authorized Law Enforcement Officers or personnel charged with the responsibility of enforcing the Proclamation of Emergency authorized herein shall be deemed guilty of being a disorderly person, and, upon conviction thereof, shall be liable for the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 13 Preamble]
It is essential to safeguard the inhabitants of the Borough of Interlaken from the dangers of gunning, and shooting of firearms in the Borough and it is the purpose of the Borough Council to protect game birds and animals, song and insectivorous birds and all harmless wild creatures found within the boundaries of the Borough.
[Ord. No. 13 § 1; New]
The entire area of Interlaken including those arms of Deal Lake situate within its boundaries shall be considered as a sanctuary for all wild life, and that any person or persons shooting, destroying, harming or molesting any squirrel, quail, pheasant, grouse, duck, heron or other wild creature situate within the Borough of Interlaken, shall be liable for the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 13 § 2; New]
All gunning or shooting of firearms within the Borough of Interlaken is hereby prohibited. Any person who shall shoot or discharge a firearm, upon conviction thereon, shall be liable for the penalty stated in Chapter 1, Section 1-5. Law Enforcement Officers acting in their official capacity are exempt from this prohibition.
No person shall:
a. 
Keep or maintain a disorderly house or house of ill fame, nor shall any person permit his, her or their house or other place to be used, frequented or resorted to by riotous or disorderly persons.
b. 
Make, aid or assist in making improper noise, disturbance, riot or breach of the peace or shall engage in quarrel or disorderly conduct in the streets or any other place within the Borough.
c. 
When in a motor vehicle conduct himself in a loud, boisterous or improper or immoral manner within the Borough.
[Ord. No. 27 §§ 1—6; New]
Any person who violates this section shall, upon conviction, be deemed a disorderly person and shall be liable for the penalty in Chapter 1, Section 1-5.
[Ord. No. 2006-4 § I]
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Interlaken, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2006-4 § II]
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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Interlaken, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Interlaken or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2006-4 § III]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Interlaken any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 2006-4 § IV]
This section shall be enforced by the Borough Code Enforcement Officer, Zoning Officer and/or the Police Department.
[Ord. No. 2006-4 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the general penalty provisions contained in subsection 1-5.1 of the Revised General Ordinances of the Borough of Interlaken.
[Ord. No. 2006-5 § I]
The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Interlaken, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2006-5 § II]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Interlaken or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2006-5 § III]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Interlaken is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 2006-5 § IV]
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
c. 
Air-conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water, and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
3. 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 2006-5 § V]
This section shall be enforced by the Code Enforcement Officer, Zoning Officer and/or the Police Department.
[Ord. No. 2006-5 § VI]
Any person(s) found to be in violation of the provisions of this section shall be subjected to the general penalty provisions contained in Chapter 1, Section 1-5 of the Revised General Ordinances of the Borough of Interlaken.