[HISTORY: Adopted by the Borough Council
of the Borough of Seaside Heights as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-19-1997 by Ord. No. 97-1]
[Amended 10-15-2008 by Ord. No.
08-14]
No person shall drink, imbibe or consume any
alcoholic beverage in or upon a public street, lane, roadway, avenue,
sidewalk, public parking place, park, playground, recreation area
or any other public or quasi-public place, or in a public conveyance
or private motor vehicle while the same is in motion or parked in
any public street, lane, public parking lot or public or quasi-public
place, or on any private property not his own without the express
permission of the owner or other person having authority to grant
such permission. No person shall have in his possession or possess
any alcoholic beverage in, on or upon any public street, road, alley,
sidewalk, park, playground or in, on or upon any land or building
owned or occupied by the Borough government, unless the same is contained
within a closed or sealed container.
[Amended 12-17-1997 by Ord. No. 97-18]
A.
It shall be unlawful for any person to urinate or
defecate in any public place, except in such places as may be provided
for such use.
B.
No person shall appear or travel on any street, avenue,
highway, road, boardwalk, beach, beachfront or waterway located in
the Borough of Seaside Heights or appear in any public place, store
or any business open to the public in said Borough in a state of nudity.
A person shall be found in a state of nudity when clothing or absence
of clothing completely exposes to public view a person's anus, genitals,
pubic area or female breasts. No person shall dress or undress in
any public place or in public view within the Borough of Seaside Heights.
[Amended 5-21-1997 by Ord. No. 97-6; 2-16-2005 by Ord. No. 05-07; 7-18-2012 by Ord. No. 12-09]
Whereas it is found that excessive sound and vibration are a
serious hazard to the public health, safety, and welfare and the quality
of life, and technology exists by which excessive sound and vibration
may be substantially abated, and whereas the people have a right to
and should be ensured an environment free from excessive sound and
vibration that may jeopardize their health, safety or welfare or degrade
the quality of life, it is hereby declared the policy of the Borough
to prevent excessive sound and vibration which may jeopardize the
health, safety and welfare of its citizens and degrade the quality
of life.
[Added 7-18-2012 by Ord.
No. 12-09]
It shall be unlawful for any person to make, continue or cause
to be made or continued any unreasonably loud, unnecessary or unusual
noise which either unreasonably disturbs or endangers the comfort,
repose, health, peace or safety of others within the limits of the
Borough.
[Added 7-18-2012 by Ord.
No. 12-09]
A.
The following acts are hereby declared to be examples of unlawful
noise that annoy, disturb, injure, or endanger the comfort, repose,
health, peace or safety of others and are in violation of this article:
(1)
Radios; televisions; phonographs. The using, operating or permitting
to be played, used or operated any radio receiving set, television,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound at any time, in such manner as to
disturb the peace, quiet and comfort of neighboring inhabitants [including
neighboring inhabitants in attached residential units sharing a common
wall(s)]. The operation of any such set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 8:00 a.m. in such manner
as to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facia evidence
of a violation of this article.
(2)
Yelling; shouting. Yelling, shouting, hooting, whistling or
singing on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office, dwelling, hotel,
motel or other type of residence or of any persons in the vicinity.
(3)
Animals; birds. The keeping of any animals or birds which, by
causing frequent or long-continued noise, disturbs the comfort or
repose of any person in the vicinity.
(4)
Horns. The sounding of any horn or warning device on any automobile,
motorcycle, bus or other vehicle except when required by law or when
necessary to give timely warning of the approach of the vehicle or
as a warning of impending danger to persons driving other vehicles
or to persons upon the street. No person shall sound any horn or warning
device on any automobile, motorcycle, bus or other vehicle which emits
an unreasonably loud or harsh sound or for any unreasonable period
of time.
(5)
Exhaust. The discharge into the open air of the exhaust/engine
noise of any engine, stationary internal-combustion engine or motor
vehicle, motorcycle except through a muffler or other device which
effectively prevents loud or explosive noises therefrom.
(6)
The operating of landscape machinery, including any noise-creating
blower or power fan or any internal-combustion engine, the operation
of which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is adequately muffled and
such engine is equipped with a muffler device sufficient to deaden
such noises. In no event shall such landscaping equipment or machines
be operated except between the hours of 8:00 a.m. and 8:00 p.m., Monday
through Friday, and between the hours of 9:00 a.m. and 8:00 p.m. on
Saturday, Sunday or any state or federal holiday.
(7)
Defect/modification in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or specifically
modified in such manner as to create loud and unnecessary grating,
grinding, rattling, combustion or other noise.
(8)
Schools; courts; churches. The creation of any excessive noise
on any street adjacent to any school, institution of learning, church
or court while the same is in use, or which unreasonably interferes
with the working of such institution, provided that conspicuous signs
are displayed in such street indicating that the same is a school,
hospital or court street.
[Added 7-18-2012 by Ord.
No. 12-09]
The following are exempt from the noise regulations contained
herein.
A.
Sounds from any municipality-sponsored or -approved celebrations
or events.
B.
Sounds from any police, fire, ambulance or other emergency vehicles
in the discharge of their official duties, garbage trucks or such
other vehicles used for the removal of residential or commercial garbage,
together with the removal of snow and ice from Borough and county
roadways and from residential, commercial and office properties located
within the Borough.
C.
Sounds emanating from the performance of any municipal, county or
state generators, construction, or improvements project(s).
D.
Sound from church bells and church chimes when a part of religious
observance or service.
It shall be unlawful to permit the exhaust of
any motorboat to emit disturbing noises on any of the waters within
this borough between the hours of 11:00 p.m. and 6:00 a.m.
[Amended 4-4-2007 by Ord. No. 07-05]
No person shall solicit or distribute any object,
including literature, on the public beaches in the Borough of Seaside
Heights. Distribution of any object, including literature, on the
public boardwalk, streets or sidewalks of the Borough of Seaside Heights
shall be conducted in a manner which does not endanger the safety
of persons or property, nor unreasonably interfere with or impede
the flow of pedestrian or vehicular traffic.
[Added 7-3-2019 by Ord.
No. 2019-14]
As used in this article, the following terms shall have the
meanings indicated:
Any solicitation made in person requesting an immediate donation
of money. Purchase of an item for an amount far exceeding its value,
under circumstances where a reasonable person would understand that
the purchase is in substance a donation, is a donation for the purpose
of this article. Panhandling does not include passively standing or
sitting with a sign or other indication that one is seeking donations,
without addressing any solicitation to any specific person other than
in response to an inquiry by that person.
[Added 7-3-2019 by Ord.
No. 2019-14]
No person shall panhandle after sunset or before sunrise.
[Added 7-3-2019 by Ord.
No. 2019-14]
No person shall panhandle when the person solicited is in any
of the following places:
A.
At any bus stop;
B.
In any public transportation vehicle or facility;
C.
Within 200 feet of entrance and exit locations to any special event
or busking activity occurring on public property;
D.
Within 200 feet of another person that is panhandling;
E.
In any vehicle on the street; or
F.
On private property, unless the panhandler has permission from the
owner or occupant.
[Added 7-3-2019 by Ord.
No. 2019-14]
No person shall panhandle in any of the following manners:
A.
By coming within three feet of the person solicited, until that person
has indicated that he or she does wish to make a donation;
B.
By blocking the path of the person solicited along a sidewalk or
street, and along the oceanfront and bayfront boardwalks and docks;
C.
By following a person who walks away from the panhandler;
D.
By using profane or abusive language, either during the solicitation
or following a refusal;
E.
By panhandling in a group of two or more persons; or
F.
By any statement, gesture, or other communication which a reasonable
person in the situation of the person solicited would perceive to
be a threat.
[Added 7-3-2019 by Ord.
No. 2019-14]
A.
No person shall knowingly make any false or misleading representation
in the course of soliciting a donation. False or misleading representations
include, but are not limited to, the following:
(1)
Stating that the donation is needed to meet a specific need,
when the solicitor already has sufficient funds to meet that need
and does not disclose that fact;
(2)
Stating that the donation is needed to meet a need which does
not exist;
(3)
Stating that the solicitor is from out of town and stranded,
when that is not true;
(4)
Wearing a military uniform or other indication of military service,
when the solicitor is neither a present nor former member of the service
indicated;
(5)
Wearing or displaying an indication of physical disability,
when the solicitor does not suffer the disability indicated;
(6)
Use of any makeup or device to simulate any deformity; or
(7)
Stating that the solicitor is homeless, when he is not.
B.
No person shall solicit a donation stating that the funds are needed
for a specific purpose and then spend the funds received for a different
purpose.
[Added 7-3-2019 by Ord.
No. 2019-14]
A.
No person shall panhandle on five or more days in a single calendar
year without a permit issued by the Municipal Clerk's office. A person
who has been issued a permit shall keep it on his or her person at
all times while panhandling and show it to any police officer or code
enforcement officer upon request. No person whose permit has been
revoked shall panhandle for a period of two years following the revocation.
B.
The Municipal Clerk's office shall issue the permit, without fee,
to any eligible person who presents himself at the Municipal Clerk's
office, states his or her true name, presents a photo identification
or signs a declaration under penalty of perjury that he or she has
no such identification, and permits himself or herself to be photographed
and fingerprinted by the Police Department.
C.
A person is ineligible for a permit if and only if, within the past
five years, he or she:
D.
If the Municipal Clerk's office is unable to determine eligibility
within 24 hours of the application, the Municipal Clerk's office shall
issue a permit good for 30 days and determine eligibility for a regular
permit before the temporary permit expires. The regular permit shall
expire one year from the date of issuance. Along with the permit,
the Municipal Clerk's office shall give the applicant a copy of this
article.
E.
No person shall make any false or misleading statement or representation
while applying for a permit under this section. Upon conviction of
a violation of this subsection, the Police Department shall revoke
any permit issued to the defendant under this section.
F.
If a permit is issued to a person under this section and that person
subsequently commits and is convicted of a violation of any provision
of this article, the Police Department shall revoke the permit.
[Added 7-3-2019 by Ord.
No. 2019-14]
A.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,250, by imprisonment
not to exceed 90 days, or by community service of not more than 90
days, or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for 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.
B.
The violation of any provision of this article shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
No person or persons shall, within the limits
of this borough, create any disturbance by violence.
No person or persons shall, within the limits
of this borough, maliciously destroy, damage or injure any property.
No person shall park a vehicle in any private
driveway or on any private property within the limits of this Borough
without having first obtained the permission of the owner.
[Added 7-5-2023 by Ord.
No. 2023-15]
A.
No person shall at any time use any automobile, truck or other vehicle,
located on any public or private highway, road or street, or any public
or private lot or premises in the Borough for sleeping or living purposes.
It shall be unlawful for any person, firm or
corporation to store or place outdoors vehicles in a state of major
disassembly, disrepair or in the process of being stripped or dismantled
or to carry on the repairing of said vehicles outdoors, including
automobiles, buses, motorcycles or any other motorized vehicles used
for transportation.
Each and every one of the acts hereinbefore
declared to be unlawful are hereby declared and considered nuisances.
It shall be unlawful for any person or persons
to commit any nuisances on any of the streets, boardwalks beaches,
or other public places within the limits of this Borough.
It shall be unlawful for any person to use or discharge any gun, pistol or firearm in gunning for game, in target practice or practice shooting, or discharge any such gun, pistol or firearm, within the corporate limits of this Borough; provided, however, that nothing herein contained shall be construed to prevent the use of any such gun, pistol or firearm in defense of the person using the same, nor to prevent the use of any gun, pistol or firearm in a shooting gallery game properly licensed under the provisions of Chapter 25 of the Code.
[Amended 2-16-2005 by Ord. No. 05-07]
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of no less than $100 and no more than $1,250,
by imprisonment not to exceed 90 days or by community service of not
more than 90 days or any combination of fine, imprisonment and community
service, as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for 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.
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
[Adopted 8-17-2005 by Ord. No. 05-19]
It shall be unlawful for a person subject to
the registration requirements set forth in N.J.S.A. 2C:7-1 et seq.
who has committed a sex offense, as defined within N.J.S.A. 2C:7-2,
and whose victim was under the age of 18, to reside within 2,500 feet
of the real property comprising an elementary or secondary school,
child-care center, as defined within N.J.S.A. 30:5B-3, or playground,
as defined in N.J.S.A. 52:27D-123.9, unless:
A.
The person is required to serve a sentence at a jail,
prison, juvenile facility or other correctional institution or facility
which is located within 2,500 feet of the real property comprising
an elementary or secondary school, child-care center or playground;
B.
The person is receiving treatment at a mental health
facility located within 2,500 feet of the real property comprising
an elementary or secondary school, child-care center or playground;
C.
The person established the residence prior to the
effective date of this article;
D.
An elementary or secondary school, child-care center
or playground is built or established within 2,500 feet of the person's
existing residence;
E.
The parole board, after considering an individual's
housing options, determines that a needs-based exception is required;
or
F.
A court that has discharged the person from a psychiatric
facility with conditions pursuant to N.J.S.A. 30:4-27.15 determines
that an exemption is appropriate.
Any person violating or failing to comply with
any of the provision of this article shall, upon conviction thereof,
be punishable by a fine of no less than $100 and no more than $1,250,
by imprisonment not to exceed 90 days or by community service of not
more than 90 days, or any combination of fine, imprisonment and community
service as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for 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.
