[1974 Code § 76-1; Ord. No. 89-20; Ord. No. 96-23 § 2; Ord. No. 96-31]
In accordance with and pursuant to the authority of P.L. 1988,
c.44 (N.J.S.A. 2C:35-7) as may be amended from time to time, the following
Drug-Free School Zone Maps are hereby approved and adopted as official
findings and records of the locations and areas within the Township
of Berkeley which are used for school purposes and which are 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:
a.
Drug-Free School Zone Maps and metes and bounds description produced
on or about April 10, 1989, by Bruce A. Shepard, Director of Engineering,
P.E.
b.
Drug-Free School Zone Map, Ocean Gate Public School 1,000 feet Area
Boundary produced on May 10, 1996, by Chris A. Theodos, P.E., Director
of Engineering.
c.
Central Regional School District Education Facility, Drug Free School
Zone Map Block 356, Lot 5, dated February 20, 1996, by Chris A. Theodos,
P.E., Director of Engineering.
d.
Drug-Free School Zone Map Pine Beach Elementary School Block 108,
Lot 1, Borough of Pine Beach dated July 19, 1996, by Chris A. Theodos,
P.E., Director of Engineering.
[1974 Code § 76-2; Ord. No. 89-20]
The Drug-Free School Zone Maps and metes and bounds descriptions approved and adopted pursuant to Subsection 4-1.1 and as they are amended in the future, shall continue to constitute an official finding and record as to the locations 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 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.
[1974 Code § 76-3; Ord. No. 89-20]
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 Director of
Engineering and the Director of Law 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.
[1974 Code § 76-4; Ord. No. 89-20]
The Township Clerk is hereby directed to receive and to keep on file the originals of the maps and metes and bounds descriptions approved and adopted pursuant to Subsection 4-1.1 and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that such a copy is a true copy of the map and metes and bounds description approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Ocean County Prosecutor.
[1974 Code § 76-5; Ord. No. 89-20; Ord. No. 96-23]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the maps and metes and bounds descriptions approved and adopted pursuant to Subsection 4-1.1 were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this State and that pursuant to State law, such maps and metes and bounds descriptions shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the Township
and within 1,000 feet of the municipal boundary.
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.
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 maps, all of the property depicted on the maps and metes
and bounds descriptions 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 July 9, 1987, that being the effective date
of N.J.S.A. 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 the statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 4-1.1. The failure of the map approved herein to depict the locations 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 depictions 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 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.
[Ord. No. 94-46 § Preamble]
The recent tragic events in the Township of Manalapan and the
Township of Hamilton have underscored the imminent danger to children
across this State and nation from violent offenders who prey upon
children.
Persons convicted of sexual assault upon children, are in the
opinion of many, incapable of being cured and are in any event high
risks for recidivism.
An eight year study by Emery University researchers, of 561
male offenders, found that they had committed 291,737) specific acts
against 195,407 victims and that the average offender had been arrested
in about one out of every 30 crimes he had committed (and some had
not been arrested at all).
The Township Council believes that it is necessary and vital
to protect the health, safety and welfare of the Township's children,
that persons convicted of sexual offenses against children be required
to register upon obtaining permanent residence status in the Township
and that the registry be made available to the public.
[Ord. No. 94-46 § 1]
As used in this section:
Shall mean any person who has been convicted of a violation
of the following statutes: N.J.S.A. 2C:14-2, N.J.S.A. 2C:14-3 and
N.J.S.A. 2C:14-4, where the victim of the crime was a person under
the age of 18 years.
Shall mean any person who resides within the Township for
more than 30 days in any one year.
[Ord. No. 94-46 § 2]
a.
Any convicted offender who becomes a permanent resident of the Township
shall, upon obtaining permanent residence status as defined in this
section, register at the Berkeley Township Police Department. At the
time of registration, the following information shall be supplied
by the convicted offender:
1.
Name and social security number;
2.
Street address;
3.
Driver's license number;
4.
Make, model and license plate number of any motor vehicle owned or
used;
5.
Nature of each and every offense committed;
6.
Date of each offense and date of each conviction;
7.
Date of release from custody;
8.
Prosecuting agency for each offense;
9.
Age of victim for each offense.
[1]
Editor's Note: Former § 4-2.4, Maintenance of Registry,
Ord. No. 94-46, § 3, was repealed 12-17-2018 by Ord. No.
18-62-OAB.
[Ord. No. 94-46 § 4;
New]
[Ord. No. 96-18 § 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 sign shall
be posted in a conspicuous place near each cash register in all retail
establishments which sell tobacco products containing the following
language:
"SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED
BY LAW. Legal proof of age must be shown. A person who sells or offers
to sell a tobacco product to a person under 18 years of age may be
prosecuted in accordance with State and local ordinances."
[Ord. No. 96-18 § 2]
It shall be unlawful for a tobacco retailer to sell or permit
to be sold tobacco to any individual without requesting and examining
identification from the purchaser, positively establishing the purchaser's
age as 18 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18 years.
[Ord. No. 96-18 § 3]
[Ord. No. 96-18 § 4]
All tobacco vending machines and self-service tobacco displays
made unlawful by the terms of this section shall be removed within
30 days from the effective date of this section.
[Ord. No. 96-18 § 5]
As used in this section:
Shall mean the Ocean County Health Department, and may be
referred to herein this section as the "department."
Shall mean the Administrative Officer of the Ocean County
Health Department.
Shall mean any member of the Berkeley Township Police Department
or any other municipal Police Department or the New Jersey State Police.
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.
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.
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 or a vending
machine location.
Shall mean any automated, self-service device which, upon
insertion of money, tokens or any other form of payment, dispenses
cigarettes or other tobacco products.
[Ord. No. 96-18 § 6]
a.
Whenever the Health Officer, or his 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 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, wilfully oppose, verbally
abuse or otherwise obstruct the Health Officer, designee or law enforcement
officer, who may request the assistant of the Berkeley Township Police
Department, or other police agency or peace officer when necessary
to execute his official duty in a manner prescribed by law.
d.
Citizens may bring complaints against violators of the section.
[Ord. No. 96-18 § 7b]
This section shall be liberally construed for the health, safety,
and welfare of the people of the Township.
[Ord. No. 96-18 § 8]
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 and 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).
[New]
For the purposes of this chapter, the following terms shall
be defined to mean:
Shall mean a person, other than a parent, to whom legal custody
of the juvenile has been given by court order or who is acting in
the place of the parent or who is responsible for the care and welfare
of the juvenile;
Shall mean an individual who is under the age of 18 years;
Shall mean any place to which the public has access, including
but not limited to a public street, road, thoroughfare, sidewalk,
bridge, alley, plaza, park, recreation, athletic or shopping area,
public transportation facility, vehicle used for public transportation,
parking lot or any other public building, structures or areas.
[New]
It shall be unlawful for juveniles to be in any public place
between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by
a parent or guardian. This prohibition does not apply if said juvenile
is:
a.
Engaged in, or traveling to or from, a business or occupation which
the laws of the State of New Jersey authorize a juvenile to perform;
b.
Engaged in an errand involving a medical emergency;
c.
Attending religious services, extracurricular school activities,
activities sponsored by a religious or community organization or other
cultural, educational or social events, or is in direct transit to
or from such events.
[1974 Code § 90-1]
It shall be unlawful for any person to solicit any gifts or
treats from any of the residents or business establishments of the
Township after 10:00 p.m. on the day commonly known as Halloween or
on such occasions known or referred to as trick-or-treat or mischief
nights.
[1974 Code § 90-2]
It shall be unlawful for any parent or legal guardian of any
child under the age of 18 to allow or permit such child to solicit
any gifts or treats from any of the residents or business establishments
of the Township after 10:00 p.m. on the day commonly known as Halloween
or on such occasions known or referred to as trick-or-treat or mischief
nights, or permit to be or remain upon any street, alley or other
public or quasi-public place in the Township.
[1974 Code § 90-4]
It shall be unlawful for any parent or guardian to permit, suffer
or allow any juvenile in his or her care to be in any public place
between the hours of 10:00 p.m. and 6:00 a.m.
[1974 Code § 90-5]
Every member of the Police Force while on duty is hereby authorized
to detain any such minor willfully violating the provisions of this
section until the parent or guardian of the child shall take him into
custody; but such officer shall immediately, upon taking custody of
the child, communicate with the parent or guardian.
[1974 Code § 90-7; Ord. No. 88-43; New]
[1974 Code § 96-1; Ord. No. 3-76]
As used in this section:
Shall mean any unemancipated person under the age of 18 years.
Shall mean and include either or both natural parents of
a minor, the legal guardian of such minor or any other adult persons
who have voluntarily or otherwise assumed the responsibilities of
a natural parent with respect to custody, care and control of the
minor. For the purposes of the aforesaid of this section, the term
"parent" shall not apply to natural parents, legal guardians or other
persons whose responsibility for the custody and control of such minor
has been transferred to another person or otherwise terminated by
court order or by the emancipation of the minor by marriage, military
service or other circumstances. Persons claiming the benefit of any
such termination or transfer of responsibilities shall bear the burden
of establishing the same in any proceedings hereunder.
Shall mean and include any of the following acts: defacing,
damaging or destroying public property or the private property of
another within the Township; committing an assault or assault and/or
battery upon another in the Township; robbery, stealing or larceny,
including shoplifting; knowingly receiving stolen property; breaking
and entering or entering without breaking into the property of another
with the intent to steal; threatening another with the intention of
extorting money or anything of value; possession or use of a controlled
dangerous substance, as same shall be defined under Title 24 of the
Revised Statutes of New Jersey; or juvenile delinquency based upon
any of the above offenses.
[1974 Code § 96-2; Ord. No. 3-76]
It shall be unlawful for any parent to assist, aid, abet, allow,
permit, suffer or encourage a minor to commit a violation of the public
peace, as defined herein, either by overt act, by failure to act or
by lack of supervision and control over such minor. Whenever a minor
shall be taken into custody or detained for the commission of any
such violation of the public peace within the Township, the parents
of such minor shall be immediately notified by the Police Department
of such custody or detention and the reasons therefor, and of the
responsibility of the parents under this section. When a minor is
charged with a violation of the public peace, as defined herein, and
the court makes an adjudication of delinquency, the Chief of Police
or his designated agent shall forthwith serve written notice of such
adjudication of delinquency upon the parents, together with a written
warning of the penalties and other provisions of this section with
respect to the commission within one year of a second violation of
the public peace by the minor. If at any time within one year of the
giving of such notice such minor shall be charged with a violation
of the public peace and shall again be adjudicated and delinquent,
it shall be presumed, subject to rebuttal by competent evidence, that
the parents of such minor during the period of time allowed, permitted
or suffered the minor to commit a violation of the public peace. A
record of such notifications shall be kept by the Police Department.
The notifications may be either served personally upon the parents
or by certified mail, and if same is not accepted by the parents,
then by regular mail.
[1974 Code § 96-3; Ord. No. 3-76; Ord. No. 88-43; New]
[1974 Code § 96-4; Ord. No. 3-76]
The remedy provisions of this section shall be cumulative, not
exclusive, and the State or any other person shall have the right
to proceed under any other legally available remedies.
[1974 Code § 95-1]
The following are hereby declared to be nuisances:
a.
Any and all slaughterhouses; bone and/or soap boiling and/or fat
rendering establishments; fish and/or manure and/or compost fertilizer
manufactories.
b.
The maintaining of any outdoor toilet or privy which is not provided
or equipped with a vault or receptacle for all excrement which will
prevent the ingress or egress of all flies.
c.
The maintaining of any outdoor toilet or privy with a vault or receptacle
which is placed in such a position that the same may be overflowed
by any storm tides of Barnegat Bay or its tributaries or by the overflows
of any streams, ditches or ponds.
d.
The maintaining of any cesspool, private disposal plant, outdoor
toilet or privy in an unsanitary condition or so that offensive odors
will emanate therefrom.
e.
The discharge of foul or nauseous liquids or kitchen slops from any
home or establishment so that such liquids shall pass into or along
any of the streets or highways or waterways of the Township.
f.
The depositing of glass, garbage or rubbish of any description on
the streets or highways of the Township.
g.
The casting or laying of the carcass of any dead animal or any garbage,
excrement or filth on any highway in this Township or on any vacant
lands, or the casting of the carcass of any dead animal or any excrement
or filth into the waters of Barnegat Bay or any of its tributaries
or into waters of any streams, lakes or ponds within this Township.
h.
The keeping or maintaining of a trash or garbage dump or disposal
plant which shall draw or harbor rats, mice, flies or other vermin
or insects or give off offensive odors or smoke; the producing, keeping
or maintaining of any other thing of any character that shall be injurious
to the health or prejudicial to the business interests of individuals
or households or to the community at large of the Township.
[1974 Code § 95-2; Ord. No. 88-43; New]
[1974 Code § 98-1; Ord. No. 9-82; Ord. No. 13-30-OAB; Ord. No. 13-31-OAB § 3]
Pursuant to N.J.S.A. 2C:33-7:
a.
It shall be unlawful for any person, who, having no legal privilege
to do so, purposely or recklessly obstructs any highway or other public
passage whether alone or with others. "Obstructs" shall mean renders
impassable without unreasonable inconvenience or hazard.
b.
No person shall be found to be in violation of this subsection because
of a gathering of persons to hear him speak or otherwise communicate,
or solely because of being a member of such gathering. A person in
a gathering commits a petty disorderly persons offense if he refuses
to obey a reasonable official request or order to move:
c.
An order to move, addressed to a person whose speech or other lawful
behavior attracts an obstructing audience, shall not be deemed reasonable
if the obstruction can be readily remedied by Police control of the
size or location of the gathering.
[1974 Code § 98-2; Ord. No. 9-82]
a.
It shall be unlawful for any person to drink, buy or consume any
alcoholic beverage or have in his possession any open alcoholic beverage
container with unconsumed alcoholic beverage contained therein in
the following places, locations, situations or settings:
1.
Upon any portion of lawn or other public ground within the Township,
including but not limited to public places, playgrounds, municipal
grounds surrounding municipal buildings, grounds under the control
of the Board of Education, grounds under the control of the Recreation
Department, streets and sidewalks within the Township and in grounds,
parks and recreation areas within the Township without the express
consent of the Township Council or its delegated agency.
2.
In a private motor vehicle while the same is in motion or in any
public street, land, parking area, parking lot or other public or
quasi-public place, or in any public transportation or taxi.
3.
Upon any private property not owned by such person without the expressed
permission of the owner or other person having authority to grant
such permission.
b.
At certain specifically designated recreation areas, the Recreation
Department and the Board of Education or any other body of the municipal
government may issue a special permit for the consumption of alcoholic
beverages at a picnic or other activity sponsored by a nonprofit corporation
or organization.
c.
No person shall discharge any alcoholic beverage container upon any
public street, lane, sidewalk, public parking lot or other private
property not his own without the permission of the owner.
d.
No person or persons, whether owner, tenant, occupant or guest, shall
suffer or take part in any riotous or other disorderly conduct that
shall disturb the peace and quiet of any family or neighborhood of
any of the inhabitants of this Township.
[1974 Code § 98-3; Ord. No. 9-82]
No person shall, by noisy or disorderly conduct, disturb or
interfere with the quiet or good order of any place of assembly, public
or private, including schools, churches, libraries and reading rooms.
[1974 Code § 98-4; Ord. No. 9-82]
No person shall interfere with, hinder or obstruct the proceedings,
functions or deliberations of the Township Council, the Board of Health
or any other official body of the Township; nor shall any person molest,
obstruct, hinder or interfere with any Township official or officer
engaged in the performance of his duty or knowingly resist or oppose
any person authorized by law to make arrests or to serve any writ,
bill, order or process when the person so authorized is acting in
the performance of his duty.
[1974 Code § 98-5; Ord. No. 9-82]
No person shall write or cause to be written any lewd or obscene
word or words, mark or marks whatsoever upon any house, building,
wall, fence or other place in the Township or deface any structure
by marks, drawings or graffiti.
[1974 Code § 98-6; Ord. No. 9-82]
No person shall cast, shoot or throw anything at, against or
into any vehicle, airplane or other facility of transportation with
intent to damage the vehicle or the passengers therein.
[1974 Code § 98-7; Ord. No. 9-82]
No person shall place or throw or suffer or permit the depositing
of any stone, sticks, glass, snow or ice or any hard, dangerous or
offensive substance upon any street, avenue, road, highway or other
public thoroughfare; nor shall any person throw any such object or
substance at or against any person, vehicle of transportation, building
or other structure.
[1974 Code § 98-8; Ord. No. 9-82]
The following acts shall also be prohibited:
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 Township for sleeping or living
purposes.
b.
No person shall urinate in the open or on any public or private place,
lot or premises, highway, road or street in the Township.
c.
No person shall at any time undress or change his clothes or wearing
apparel on a beach or boardwalk or in waters adjacent thereto or in
any automobile, truck or other vehicle located on any public or private
highway, road, street or any public or quasi-public lot or in the
open on any public or private lot or premises, highway, road or street
in the Township.
[1974 Code § 98-9; Ord. No. 9-82; amended 12-16-2019 by Ord. No. 19-44-OAB]
a.
The making, creating or permitting of any unreasonably loud, disturbing
or unnecessary noise within the Township is hereby prohibited.
b.
The making, creating or permitting of any noise of such character,
intensity or duration that is detrimental to the life, health or welfare
of any individual or which, either steadily or intermittently, annoys,
disturbs, injures or endangers the comfort, repose, peace or safety
of any individual is hereby prohibited.
c.
EMERGENCY WORK
IMPULSIVE SOUND
PLAINLY AUDIBLE
SOUND PRODUCTION DEVICE
Definitions. As used in this section:
Terms not defined in this ordinance have the same meaning as
those defined in N.J.A.C. 7:29.
Any work or action necessary at the site of an emergency
to restore or deliver essential services including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
Any sound that can be detected by a NCO or an NCI using his
or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the song.
Any device whose primary function is the production of sound,
including, but not limited to any, musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
d.
Measurement protocols.
2.
When conducting indoor sound level measurements across a real property
line the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
e.
Maximum permissible sound levels.
2.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II.
|
Table I
| |||
|---|---|---|---|
|
Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
| |||
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multiuse Property
|
Nonresidential Property or Nonresidential Portion of a Multiuse
Property
| |
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 Hours
|
|
Maximum A-Weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
| |||
|---|---|---|---|
|
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
| |||
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multiuse Property
|
Nonresidential Property or Nonresidential Portion of a Multiuse
Property
| |
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 Hours
|
|
Maximum A-Weighted sound level standard, dB
|
55
|
40
|
55
|
Note: Table II shall only apply when the source and
the receptor are separated by a real property line and they also share
a common or abutting wall, floor or ceiling, or are on the same parcel
of property.
[1974 Code § 98-10; Ord. No. 9-82; Ord. No. 2016-29-OAB]
Unless exempted under the provisions of this section, no person
shall cause to be made, directly or indirectly, any of the following
noises which have been deemed to be unnecessary and in violation of
this section. The enumeration shall not be deemed to be exclusive:
a.
Horns and Signaling Devices. The sounding of any horn or signaling
device on any automobile, motorcycle, street car or other vehicle
on any street or public place of the Township, except as a danger
warning, the creation by means of any such signaling device of any
unreasonably loud or harsh sound and the sounding of any such device
for an unnecessary and unreasonable period of time.
b.
Sound-Reproducing Devices. The using, operating or permitting to
be played of any radio receiving set, musical instrument, phonograph,
live band, speaker system or other machine or device for the producing
or reproducing of sound in such a manner as to disturb the peace,
quiet and comfort of the neighboring inhabitants or, at any time,
with louder volume than is necessary for the convenient hearing of
the person or persons who are in the room, vehicle or chamber in which
such machine or devices operate and who are voluntary listeners thereto.
The operation of any such instrument as enumerated heretofore between
the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly
audible at a distance of 100 feet or more from the vehicle or structure
within which the same is located shall be prima facie evidence of
a violation of this section.
c.
Yelling and 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 to disturb
the quiet, comfort or repose of persons in any office or in any dwelling
or other type of residence or of any persons in the vicinity.
d.
Animals, Birds, Etc. The keeping of any animal or bird which, by
causing frequent or loud, continued noise, shall disturb the comfort
or repose of any persons in the vicinity.
e.
Exhaust. The discharge into the open air of any exhaust of any steam
engine, stationary internal-combustion engine, motorboat or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
f.
Construction or Repair. Operating or use of any pile driver, steam
shovel, pneumatic hammer, derrick, steam or electric hoist or any
tools or equipment which shall make any loud or disturbing noise on
any weekday between the hours of 9:00 p.m. and 7:00 a.m. or on any
weekend day or legal holiday between the hours of 8:00 p.m. and 9:00
a.m. in conducting any excavation, demolition, erection, alteration,
repair or other building operation within 1,000 feet of any dwelling
or business property, except in the case of urgent necessity in the
interest of public safety and then only upon obtaining the consent
of the proper authority of the Township or the Police Department of
the Township, as the case may be, which permission must be renewed
every three days.
g.
Hawkers and Peddlers. The shouting and crying of peddlers, hawkers
and vendors which disturb the peace and quiet of the neighborhood.
h.
Blowers. The operation of 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 multiple and such engine is equipped with
a muffler device sufficient to deaden such noise.
[1974 Code § 98-11; Ord. No. 9-82; amended 12-16-2019 by Ord. No. 19-44-OAB]
Nothing herein contained shall be construed to apply to:
a.
The use of bells, chimes or sound amplifiers by churches and church
activities.
b.
Activities of the Township departments in performance of their duties,
drills or public demonstrations.
c.
Activities in the public parks, playgrounds or public buildings under
the permission or authority of Township officials.
d.
Any public utility as defined in Title 48 of the Revised Statutes
of New Jersey or to any employee of such public utility when such
public utility or its employees shall be engaged in performing work
to prevent the threatened interruption of services or to terminate
the interruption of services rendered to its customers.
e.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
f.
The provisions of this section shall not apply to the exceptions
listed at N.J.A.C. 7:29-1.5.
g.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA),[1] FEMA or other government agencies to the extent that they
comply with the noise requirement of the enabling legislation or regulation.
Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue
to be exempted.
[1]
Editor's Note: See 42 U.S.C § 12101 et seq.
[1974 Code § 98-12; Ord. No. 88-43; New]
[1974 Code § 126-1]
It shall be unlawful to place, abandon or leave, keep or store
out of doors any motor vehicle which is not currently in use for transportation
or not registered, or any unused machinery or equipment, on public
or private lands or between right-of-way lines of any public thoroughfare
in the Township, unless permitted by the Township zoning regulations
or variance. Nothing herein contained shall be deemed to prohibit
the placing, keeping or storage of any such article in an enclosed
garage, barn or other building. It shall be unlawful to permit the
foregoing upon any private lands within the Township.
[1974 Code § 126-2]
If any article described in Subsection 4-15.1 shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of the land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.
[1974 Code § 126-3]
a.
Whenever it shall appear to any member of the Police Department or
Code Enforcer, or Zoning Officer or Construction Official that this
section is being violated and that the land on which the violation
exists is privately owned, he shall, in writing, notify the owner
or tenant in possession of the land on which the violation exists,
to abate the violation by removing the article or articles constituting
the violation from Berkeley Township or into an enclosed garage, barn
or other building within 15 days of the service of the notice. The
notice shall be served upon such owner or tenant, if he resides in
Berkeley Township, personally or by leaving it at his usual place
of abode with some member of his household over the age of 14 years;
but if any such owner or tenant shall reside outside Berkeley Township,
the notice shall be served upon him by certified mail addressed to
him at his usual residence, as it appears on the Tax Assessor's records
as to an owner. If no address is ascertainable, notice shall be published
in the newspaper in which the legal notices of Berkeley Township may
be published. The owner or tenant shall so abate the violation within
the time fixed by the notice. For the purpose of this section, the
municipal officials heretofore named are enforcement officers.
b.
In the event that the Township is forced to remove any of the items
prohibited to be stored or placed on lands by this section, by or
under the direction of such officer or officers of this Township,
in cases where the owner or tenant shall have refused or neglected
to remove same in the manner and within the time provided above, such
officer or officers shall certify the cost thereof to the Township
Council, which shall examine the certificate and, if found correct,
shall cause the cost as shown thereon to be charged against the lands,
the amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon the lands, the same to bear interest at
the same rate as taxes and shall be collected and enforced by the
same officers and in the same manner as taxes.
[1974 Code § 126-4]
Whenever it shall appear to any member of the Police Department
that this section is being violated and the violation exists on public
lands or between the right-of-way side lines of any public thoroughfare,
he shall:
a.
Determine whether any article constituting the violation constitutes
or may constitute a traffic hazard, and, if so, he shall move it or
cause it to be moved to a nonhazardous location or into an enclosed
storage place.
b.
Ascertain, if he can, who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him, which notice shall be given as required in Subsection 4-15.3 for the service of notice thereunder.
c.
If any article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location, or if the name and address of the owner of the article cannot be ascertained, or if the violation is not abated in the time required by the notice given under the foregoing Subsection b:
1.
Determine whether the article or articles have a value in excess
of the cost of removing it or them to enclosed storage and the cost
of storing it or them for 30 days in the case of motor vehicles and
for six months for all other articles.
2.
Unless the article or articles appear to have a value clearly in
excess of such cost, arrange, if he can, for the removal of it or
them by someone who will undertake that removal without cost to Berkeley
Township, but otherwise he shall arrange for that removal at the expense
of Berkeley Township to an authorized dump.
3.
If the article or articles appear to have a value clearly in excess
of the cost, remove it or them or cause it or them to be removed at
the expense of Berkeley Township to enclosed storage.
4.
If the articles are removed under the foregoing Subsection a or Subsections c2 or 3 in the manner required by Subsection 4-15.3 for service of notice thereunder, give notice to the owner of that removal and of the place to which the article or articles have been removed and of the owner's rights to reclaim it or them by paying the cost of removal and interim storage charges.
[1974 Code § 126-5]
If any article impounded by the Police Department under this
section shall remain in its possession or in the possession of any
authorized towing company for 30 days after notice of the impounding
in the case of motor vehicles and for six months for all other articles,
the impounded article shall be deemed to have been abandoned and forfeited
by the owner, and the article shall be sold and disposed of as provided
by N.J.S.A. 39:10A-1 et seq. in the case of motor vehicles, and as
provided by N.J.S.A. 40A:14-157 in the case of all other articles.
[1974 Code § 126-6; Ord. No. 88-43; New]
[Ord. No. 98-23 § 1]
It shall be unlawful anywhere in the Township other than in
an existing marina or boat yard to place, abandon, leave or store
out of doors any unregistered boat which is required to be registered
for use on the waters of New Jersey, or any boat which is in a state
of major disassembly, disrepair, or in the process of being stripped
or dismantled.
[Ord. No. 98-23 § 2]
A boat of any type is permitted to undergo major overhaul, including
hull work, provided such work is performed inside a structure or similarly
enclosed area designed for such purposes.
[Ord. No. 98-23 § 3;
New]
[1974 Code § 92-1; Ord. No. 88-18]
As used in this section:
Shall mean any two-wheeled, motor-propelled apparatus licensed
by the State of New Jersey Department of Motor Vehicles for operation
upon the public highways.
Shall mean:
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," "trail bike" or 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 public highways.
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.
Shall mean all lands in the Township not defined below as
public property or part of the road system as accepted hereinbefore.
Shall mean lands owned or leased by the Township, a municipal
corporation of the State of New Jersey, the County of Ocean or the
State of New Jersey, the Board of Education of the Township, the Central
Regional Board of Education 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.
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 is
in violation of Subsection 4-16.2b.
[1974 Code § 92-2; Ord. No. 88-18; Ord. No. 00-39-OAB]
It shall be unlawful to:
a.
Operate a motor vehicle of any type, as defined herein, upon public
or private property, with or without permission of the landowner,
during the period of one hour after sunset to one-hour before sunrise.
b.
Operate a motorized sportbike or motorcycle, 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 or motorcycle on public or private property other than in accordance with the general regulations set forth in Subsection 4-17.3.
d.
Operate a motorized sportbike or motorcycle on public or private
property in such a way as to harass, worry or disturb farm animals,
domestic livestock or wildlife or further to destroy or damage crops
or cropland.
e.
Operate a motorized sportbike or motorcycle 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 or motorcycle 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.
[1974 Code § 92-3; Ord. No. 88-18]
The following regulations shall apply to the operation of a
motorized sportbike or motorcycle operated on public or private property,
other than the property of the family of which the operator is a member.
a.
No person operating a motorized sportbike or motorcycle shall engage
in fancy or trick riding or ride without maintaining full control
of such motorized sportbike or motorcycle or remove both hands from
the handlebar.
b.
No person operating a motorized sportbike or motorcycle 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 in the location 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 or meets.
e.
It shall be unlawful for any person to operate any vehicle equipped
with a muffler cutout, muffler bypass or similar device.
[1974 Code § 92-4; Ord. No. 88-18; Ord. No. 02-61-OAB § 1; Ord. No. 2015-07-OAB]
Any Police Officer may, at his discretion:
a.
Impound any motorized sportbike or motorcycle 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 or motorcycle operating on the public roadways or public or private property except on private property of the family of which the operator is a member, in violation of any then-applicable State Statute or any regulation validly promulgated by the Township Council of Berkeley or by any State agency having jurisdiction. The period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense by such court of competent jurisdiction as shall hear the same and the owner thereof shall pay the reasonable cost of the removal and storage constituting impoundment, pursuant to the fees established in Subsection 5-3.16 (Storage Fees for Towing). The Chief of Police or his designee may authorize early release. The expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this section.
[Added 9-26-2022 by Ord.
No. 22-41-OAB; amended 11-21-2022 by Ord. No. 22-46-OAB]
a.
It shall be unlawful and pose an immediate threat to the public health,
safety and welfare of the residents of the Township of Berkeley for
any person to operate any all-terrain vehicle or dirt bike (motorized
sportsbike) upon any public street, highway or right-of-way located
within the Township in violation of N.J.S.A. 39:3C- 17. Any all-terrain
vehicle or dirt bike (motorized sportsbike) operated in a manner that
violates this section shall be deemed contraband subjected to forfeiture
in accordance with N.J.S.A. 2C:64-1 et seq. and shall be disposed
of in accordance with the provisions of N.J.S.A. 2C:64-6 or, at the
discretion of the Township, may be destroyed.
b.
It shall further be unlawful for the drive up refueling of all-terrain vehicles or dirt bikes directly using gas pumps within the Township. Any fueling business permitting the drive up refueling of all-terrain vehicles or dirt bikes will be in violation of this section, and upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 02-61-OAB § 2]
[Ord. No. 02-61-OAB § 3]
[Ord. No. 02-61-OAB § 4]
Where a vehicle is operated in violation of this section, it
shall be presumed that the registrant or, in the case of registrant
under 18, the parent or guardian of the registrant enabled the vehicle
to be so operated.
[1974 Code § 92-5; Ord. No. 88-18; Ord. No. 88-43; New; Ord. No. 02-61-OAB § 5]
Any person who violates any provision of this section shall,
upon conviction, be liable to the penalty of $500 for the first offense
and $1,000 for the second offense, plus reasonable towing and storage
fees.
[1974 Code § 55-1; Ord. No. 493]
As used in this section:
Shall mean a vehicle with two tandem wheels, neither of which
is less than 20 inches in diameter, with solid or pneumatic tires,
using a steering bar or wheel, a saddle seat, and propelled by human
power.
Shall mean that 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 of the requirements of this chapter as well as Chapter 4, Article 3 of Title 39 of the Revised Statutes of New Jersey, as amended.
Shall mean the using, putting into action, or causing to
function of a bicycle.
[1974 Code § 55-2; Ord. No. 493]
It shall be unlawful for any person residing within the Township
to operate a bicycle upon any street, sidewalk or other public place
in the Township without first having registered such bicycle, and
having secured an adhesive license tag on the frame thereof.
[1974 Code § 55-3; Ord. No. 493]
Application for registration number and registration certificates
shall be made to the Police Department Traffic Safety Bureau upon
a form approved by the Township Council, and the registration card
and number shall be issued as herein provided.
[1974 Code § 55-4; Ord. No. 493]
A license fee for each bicycle is hereby fixed at $0.50 and
shall be paid at the time a registration tag is applied for. Such
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 on 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
or, if no parent is living, then by the legal guardian of the owner,
and shall contain a certification by the parent or guardian that the
applicant is capable of operating the bicycle.
[1974 Code § 55-5; Ord. No. 493]
A registration may be revoked if the applicant cannot demonstrate
that the bicycle is in fit operating condition and that he is capable
of operating the same and is familiar with the laws of the State of
New Jersey relative to the operation of bicycles.
[1974 Code § 55-6; Ord. No. 493]
Upon compliance by the applicant with the requirements herein
set forth, the Police Department Traffic Safety Bureau shall issue
to the applicant a registration card and shall affix 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.
[1974 Code § 55-7; Ord. No. 493]
All bicycles regulated by this section shall be licensed and
the license shall be renewed yearly.
[1974 Code § 55-8; Ord. No. 493]
It shall be the duty of every licensee who sells or transfers
ownership of a bicycle to report the sale or transfer within 72 hours
to the Police Department by returning the registration card issued
to such person and furnishing the Police Department with the name
and address of the person to whom the bicycle was sold or transferred.
[1974 Code § 55-9; Ord. No. 493]
Every person operating a bicycle subject to the provisions of this section shall comply with all the provisions of Chapter 4 of Title 39 of the Revised Statutes of New Jersey, as amended; with applicable ordinances of the Township; and with all 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.
[1974 Code § 55-10; Ord. No. 493]
Every bicycle when in use at nighttime shall be equipped with
a lamp on the front which shall emit a white light visible from a
distance of at least 500 feet to the front and with a lamp on the
rear which shall emit a red light visible from a distance of at least
500 feet to the rear. In addition to the red lamp, a red reflector
may be mounted on the rear, of a type approved by the Division which
shall be visible from all distances from 50 feet to 300 feet to the
rear when directly in front of lawful upper beams of head lamps on
a motor vehicle.
[1974 Code § 55-11; Ord. No. 493]
No person shall operate a bicycle unless it is equipped with
a bell or other device capable of giving a signal audible for a distance
of at least 100 feet, except that a bicycle shall not be equipped
with nor shall any person use upon a bicycle any siren or whistle.
[1974 Code § 55-12; Ord. No. 493]
Every bicycle shall be equipped with a brake which will enable
the operator to make the braked wheels skid on dry, level, clean pavement.
[1974 Code § 55-13; Ord. No. 493]
A person propelling or riding on a bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto,
nor shall be ride with his feet removed from the pedals, or with both
hands removed from the handlebars, nor shall be practice any trick
or fancy riding in a street. No bicycle shall be used to carry more
persons at one time than the number for which it is designed and equipped.
[1974 Code § 55-14; Ord. No. 493]
No person riding upon any bicycle shall attach the same or himself
to any vehicle upon a roadway and no operator of any vehicle shall
knowingly allow any person riding upon any bicycle to attach the same
or himself to the vehicle.
[1974 Code § 55-15; Ord. No. 493]
a.
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by Chapter 4 of Title 39 of the New Jersey Revised Statutes and all supplements thereto except as to those provisions thereof which by their nature can have no application.
b.
Regulations applicable to bicycles shall apply whenever a bicycle
is operated upon any highway or upon any path set aside for the exclusive
use of bicycles subject to these exceptions stated herein.
[1974 Code § 55-16; Ord. No. 493]
a.
Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
b.
Persons riding bicycles upon a roadway shall ride in single file
except on paths or parts of roadways set aside for the exclusive use
of bicycles.
c.
Wherever a usable path for bicycles has been provided adjacent to
a roadway, bicycle riders shall use such path and shall not use the
roadway.
[1974 Code § 55-17; Ord. No. 493]
A bicycle being operated contrary to the provisions of this
section may be impounded by the Police Department until such time
as the owner meets with the requirements of this section, and shall
not be returned except upon payment of $2. All moneys received for
registration or recovery of impounded bicycles shall be remitted by
the Chief of Police to the Township Treasurer.
[1974 Code § 55-18; Ord. No. 493]
The intent of this section is not the prosecution of children but the education and training of children for their own and the community welfare. A continued willful refusal to comply with the safety regulations promulgated by the Police Department may subject the operator to the authority having jurisdiction over juvenile matters. Any person 18 years of age or over who violates the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 56-1; Ord. No. 83-44]
No person shall occupy, for more than seven consecutive days,
any boat which is anchored, moored or tied up in any waterway within
the Township from the hours of 12:00 a.m. to 6:00 a.m., except as
follows:
a.
Where such boat is anchored, moored or tied up within the limits
of a commercial marina which is served by a sewage or septic facility,
which facility meets all governmental requirements and where an operational
toilet is available within the limits of such marina during the hours
aforesaid.
b.
Where such boat or vessel is anchored, moored or tied up immediately
adjacent to a dock which abuts a lot, which such lot is served by
a sewage or septic facility, which such facility meets all governmental
requirements and where an operational toilet is located on such lot
during the hours aforesaid.
[1974 Code § 104-7]
No person, firm or corporation shall place, discharge or deposit
by any process or in any manner any offal, food, paper, wood or any
waste material in any slip, basin, bay, lagoon, river, stream, channel
or other waters in or adjacent to this Township.
[1974 Code § 104-8]
No person, firm or corporation shall permit or suffer any boat
to be tied up, docked or kept at his premises, on which boat one or
more persons stay, if:
a.
Any waste material is or shall be discharged from the boat or by
its occupant or occupants into or upon any of the waters of this Township.
b.
Any condition is caused by the maintenance of the boat at the location
which is either dangerous to the health of or interferes with the
comfort of any human being residing or being in the vicinity.
[1974 Code § 104-9]
No person shall discharge or suffer or permit the discharge
of any excrement, waste, debris, refuse, chemical or any other matter
or material by any method, means or manner into or upon any of the
waters of or adjacent to this Township from any boat afloat on the
waters, which excrement, waste, debris, refuse, chemical material
or other matter will or may tend to pollute the waters or to harm
or destroy the fish therein or the wildlife thereupon or to litter
the waters or the shores or banks adjacent thereto.
[1974 Code § 56-3; Ord. No. 83-44; Ord. No. 88-43; New]
[1974 Code § 88-1; Ord. No. 88-40]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon any public or private property, other
than in a litter receptacle.
b.
LITTER
As used in this section, the following terms shall have the meanings
indicated:
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, newspaper, 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.
[1974 Code § 88-2; Ord. No. 88-40]
a.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat-launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals and circuses and festivals. The proprietors of
these places or the sponsors of these events shall be responsible
for providing and servicing the receptacles such that adequate containerization
is available.
b.
LITTER RECEPTACLE
As used in this section, the following terms shall have the meanings
indicated:
Shall mean a container suitable for the depositing of litter.
[1974 Code § 88-3; Ord. No. 88-40]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture or private property, except by written
consent of the owner of the property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
[1974 Code § 88-4; Ord. No. 88-40]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[1974 Code § 88-5; Ord. No. 88-40]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[1974 Code § 88-6; Ord. No. 88-40]
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his residential lawn.
[1974 Code § 88-7; Ord. No. 88-40]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots and residential lawns, except in a fully enclosed
structure, of any motor vehicle, trailer or semitrailer which is missing
tires, wheels, engine or any essential parts; or which displays extensive
body damage or deterioration; or which does not display a current,
valid State license; or which is wrecked, disassembled or partially
disassembled.
[1974 Code § 88-8; Ord. No. 88-40]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, sifting, leaking or otherwise
escaping therefrom. Any person operating a vehicle from which any
glass or objects have fallen or escaped, which could cause an obstruction,
damage a vehicle or otherwise endanger travelers or public property,
shall immediately cause the public property to be cleaned of all glass
or objects and shall pay the costs thereof.
[1974 Code § 88-10; Ord. No. 88-40]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his property.
[1974 Code § 88-11; Ord. No. 88-40]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his premises
free of litter. All sweepings shall be collected and properly containerized
for disposal.
[1974 Code § 88-12; Ord. No. 88-40; New]
[Ord. No. 06-46-OAB § 1]
No person, firm, corporation or other entity shall tattoo or
body pierce a human being or conduct the business of tattooing or
body piercing in the Township of Berkeley unless said person, firm,
corporation or other entity shall have obtained a license to do so
from the Ocean County Board of Health and is in, and remains in, compliance
with all regulations promulgated by the Ocean County Board of Health.
[Ord. No. 06-46-OAB § 1]
It shall be a violation for anyone to tattoo or body pierce any body part of an individual under 18 years of age without authorization signed by his or her parent or legal guardian and witnessed by the operator. The tattooing establishment shall provide such authorization form and shall attach thereto a copy of the authorizing parent's or legal guardian's driver's license or County identification card. The operator shall be responsible for maintaining the original consent form, copies of all consent information and the minor's original application, filled out in compliance with Subsection 4-23.4, for a period of two years beyond the minor's eighteenth birthday.
[Ord. No. 06-46-OAB § 1]
It shall be unlawful to knowingly tattoo or body pierce an intoxicated
person.
[Ord. No. 06-46-OAB § 1]
Each person wishing to be tattooed or pierced must fill out
an application provided by the establishment which shall include the
name, date of birth, address, telephone number, health history, including
known allergies and currently prescribed medications, and signature
of the patron, as well as the date, location(s) of the piercing(s)
and name of the operator. A copy of a driver's license or County identification
card verifying the age of the applicant shall be attached to the application.
Applicants under the age of 21 must provide photo identification.
Such records shall be maintained by the tattooing establishment and
shall be available for examination by the local health authority or
its authorized representative. Such records shall be maintained by
the tattooing establishment for a period of not less than three years.
[Ord. No. 06-46-OAB § 1]
Any person violating or failing to comply with any other provision
of this section shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,000 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.
The violation of any provision of this section shall be subject
to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
[1974 Code § 104-1]
a.
Because of the resort nature of Berkeley Township, the number of
vehicles occupying the streets and other areas of the municipality
is greatly increased during the period commencing on the holiday commonly
known as "Memorial Day" and ending with the holiday commonly known
as "Labor Day," which results in an increase of atmospheric pollution.
b.
During the season specified above, no person in immediate control
of any parked or standing vehicle shall allow the engine of such vehicle
to operate more than two minutes after parking or stopping such vehicle
unless such stopping is as a result of traffic being personally controlled
or directed by an authorized official of the Township.
[1974 Code § 104-2]
a.
A-BAND LEVEL
AMBIENT NOISE
BAND-PRESSURE LEVEL
CYCLE
DECIBEL (dB)
FREQUENCY
MICROBAR
MOTOR VEHICLE
PERIOD
PERIODIC QUANTITY
SOUND ANALYZER
SOUND-LEVEL METER
SOUND-PRESSURE LEVEL
SPECTRUM
Definitions. As used in this section:
Shall mean the total sound level of all noises as measured
with a sound-level meter using the A-weighting network. The unit is
the decibel A.
Shall mean the all-encompassing noise associated with a given
environment, usually being a composite of sounds with many sources
near and far.
Shall mean, as referring to a sound for a specified frequency
band, the sound-pressure level for the sound contained within the
restricted band.
Shall mean the complete sequence of values of periodic quantity
which occurs during a period.
Shall mean the unit of level which denotes the ratio between
two quantities which are proportional to power; the number of "decibels"
corresponding to the ratio of two amounts of power is 10 times the
logarithm to the base 10 of this ratio.
Shall mean, as referring to a function periodic in time,
the reciprocal of the primitive period. The unit is the cycle per
unit time and shall be specified.
Shall mean the unit of pressure commonly used in acoustics,
which is equal to one dyne per square centimeter.
Shall mean and include, but is not limited to, minibikes,
go-carts, tractors, trucks, automobiles and self-propelled construction
equipment.
Shall mean the smallest increment of time for which the function
repeats itself.
Shall mean oscillating quantity, the values of which recur
for equal increments of time.
Shall mean a device for measuring the band-pressure level
or pressure-spectrum level of a sound as a function of frequency.
Shall mean an instrument, including a microphone, an amplifier,
an output meter and frequency weighting networks, for the measurement
of noise and sound levels in a specified manner.
Shall mean, in decibels of a sound, 20 times the logarithm
to the base 10 of the ratio of the pressure of this sound to the reference
pressure, which reference pressure shall be explicitly stated.
Shall mean, as referring to a function of time, a description
of its resolution into components, each of a different frequency.
b.
Decibel Measurement Criteria. Any decibel measurement made pursuant
to the provisions of this section shall be based on a reference sound
pressure of 0.0002 microbars as measured in any octave band with center
frequency in cycles per second as follows: 63, 125, 250, 500, 1,000,
2,000, 4,000 and 8,000, or as measured with a sound-level meter using
the A-weighting.
c.
Schools, Hospitals, Nursing Homes and Churches.
1.
It shall be unlawful for any person to operate any motor vehicle
on any street or in any parking area or other area adjacent to any
school, institution of learning, hospital, nursing home or church
while the same is in use, in such a manner as to create any noise
which unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital or nursing
home, provided conspicuous signs are displayed in such street or other
area indicating the presence of a school, church, hospital or nursing
home.
[1974 Code § 104-3]
a.
It shall be unlawful for any person to operate in any residential
area of the Township any motor vehicle in any manner so as to create
any noise which would cause the noise level at the property line of
any property to exceed the ambient noise level by more than five decibels
based on a reference sound pressure of 0.0002 microbars as measured
in any octave band with center frequency in cycles per second as follows:
63, 125, 250, 500, 1,000, 2,000, 4,000 and 8,000, and for the combined
frequency bands, A-band.
b.
It shall be unlawful for any person within any residential area of
the Township to repair, rebuild or test any motor vehicle between
the hours of 10:00 p.m. of one day and 8:00 a.m. of the next day in
such a manner that a reasonable person of normal sensitiveness residing
in the area is caused discomfort or annoyance.
c.
It shall be unlawful for any person to operate a motor vehicle in
such a manner as to willfully make or continue any loud noise which
disturbs the peace or quiet of any neighborhood or which causes discomfort
or annoyance to any reasonable person of normal sensitiveness residing
in the area.
d.
The standards which shall be considered in determining whether a
violation of the provisions of this section exists shall include,
but not be limited to, the following:
1.
The volume of the noise.
2.
The intensity of the noise.
3.
Whether the nature of the noise is usual or unusual.
4.
Whether the origin of the noise is natural or unnatural.
5.
The volume and intensity of the background noise, if any.
6.
The proximity of the noise to residential sleeping facilities.
7.
The nature and zoning of the area wherein such noise emanates.
8.
The density of the inhabitation of the area within which the noise
emanates.
9.
The time of day or night the noise occurs.
10.
The duration of the noise.
11.
Whether the noise is recurrent, intermittent or constant.
12.
Whether the noise is produced by a noncommercial or commercial activity.
13.
The nature of the date or dates on which the noise occurs, that is
to say, a working day or a day commonly recognized as a day of rest.
e.
It shall be unlawful for any person to operate the warning device
on any motor vehicle unnecessarily or for any reason other than to
warn of an immediately impending danger or to signal overtaking and
passing. In such permitted situation, the warning device shall be
operated no longer than actually necessary for the purpose.
[1974 Code § 104-4]
Any noise in any residential area of the Township exceeding
the ambient noise level at the property line of any property by more
than five decibels shall be deemed to be prima facie evidence of a
violation of the provisions of this section where such noise is created
by or emanates from any motor vehicle.
[1974 Code § 104-5]
The provisions of Subsections 4-26.2 through 4-26.4 shall not apply to emergency vehicles as follows:
a.
Any vehicle or equipment owned or operated by the Township, the County
of Ocean, the State of New Jersey or the United States of America
where such vehicle is employed in the performance of a governmental
service or in the performance of an official function.
b.
Any vehicle or equipment owned or operated by a public utility while
making an installation or repair or performing maintenance of property
or equipment of such public utility.
[1974 Code § 104-6; Ord. No. 88-43; New]
[Ord. No. 00-35-OAB § I]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this section have the same meaning
as those defined in N.J.A.C. 7:29.
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, including demolition of buildings or
structures.
Shall mean any dismantling, destruction or removal of buildings,
structures, or roadways.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean any work or action necessary to deliver essential
public services including, but not limited to, repairing water, gas,
electricity, telephone, sewer facilities, or public transportation
facilities, removing fallen trees on public rights-of-way, dredging
navigational waterways, or abating life-threatening conditions.
Shall mean either a single pressure peak or a single burst
(multiple pressure peaks) that has a duration of less than one second.
Shall mean any vehicle that is propelled other than by human
or animal power on land.
Shall mean a properly functioning sound dissipative device
or system for abating the sound of escaping gasses on equipment where
such a device is part of the normal configuration of the equipment.
Shall mean any building comprising two or more dwelling units,
including, but not limited to, apartments, condominiums, co-ops, multiple
family houses, townhouses, and attached residences.
Shall mean any distinct parcel of land that is used for more
than one category of activity. Examples include, but are not limited
to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
Shall mean an employee of: (1) a local, county or regional
health agency which is certified pursuant to the County Environmental
Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement
activities; or (2) a municipality with a department approved noise
control ordinance and the employee has received noise enforcement
training and is currently certified in noise enforcement. The employee
must be acting within his or her designated jurisdiction and must
be authorized to issue a summons in order to be considered a noise
control officer.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley or easement that is owned, leased, or controlled by
a nongovernmental entity.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley or easement that is owned, leased, or controlled by
a governmental entity.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
Shall mean either (a) the imaginary line including its vertical
extension that separates one parcel of real property from another;
(b) the vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling unit building; or (c) on a multi-use property,
the interface between the two portions of the property on which different
categories of activity are being performed (e.g., if the multi-use
property is a building which is residential upstairs and commercial
downstairs, then the real property line would be the interface between
the residential area and the commercial area).
Shall mean any day that is not a federal holiday, and beginning
on Monday at 7:00 a.m. and ending on the following Friday at 6:00
p.m.
Shall mean beginning on Friday at 6:00 p.m. and ending on
the following Monday at 7:00 a.m.
[Ord. No. 00-35-OAB § II]
a.
This model noise ordinance applies to sound from the following property
categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.3, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[Ord. No. 00-35-OAB § III]
WHEREAS excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and
WHEREAS a substantial body of science and technology exists
by which excessive sound may be substantially abated; and
WHEREAS the people have a right to, and should be ensured of,
an environment free from excessive sound,
Now, THEREFORE, it is the policy of the Township of Berkeley
to prevent excessive sound that may jeopardize the health, welfare,
or safety of the citizens or degrade the quality of life.
This section shall apply to the control of sound originating
from sources within the Township of Berkeley.
[Ord. No. 00-35-OAB § IV]
a.
The provisions of this section shall be enforced by noise control
officers. A person shall be qualified to be a noise control officer
if the person meets the criteria set forth in the definition above
and completes, at a frequency specified by the Department in N.J.A.C.
7:29-2.11, a noise certification and recertification course which
are offered by the Department of Environmental Sciences of Cook College,
Rutgers, the State University of New Jersey or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department.
b.
Sound measurements made by a noise control officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection 4-27.5b and c of this regulation and with the definition of "real property line" as contained herein.
c.
Noise control officers shall have the power to:
1.
Coordinate the noise control activities of all departments in the
Township of Berkeley and cooperate with all other public bodies and
agencies to the extent practicable;
2.
Review the actions of the Township of Berkeley and advise of the
effect, if any, of such actions on noise control;
3.
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
section; and
4.
Investigate and pursue possible violations of this section for sound
levels which equal or exceed the sound levels set forth in Tables
I and II,[1] when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with Subsection 4-27.7 below.
[1]
Editor's Note: Tables I and II referred to herein are included
at the end of this section.
5.
Cooperate with noise control officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 4-27.2a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II[1] when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in Subsection b below.
[1]
Editor's Note: Tables I and II referred to herein are included
at the end of this section.
b.
When measuring total sound or residual sound within a multi-use property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound
or residual sound, all sound sources within the dwelling unit must
be shut off (e.g., television, stereo). Measurements shall not be
taken in areas which receive only casual use such as hallways, closets
and bathrooms.
c.
Indoor measurements shall only be taken if the sound source is on
or within the same property as the receiving property, as in the case
of a multi-use property (e.g., sound generated within a commercial
unit of a multiuse property building and received within a residential
unit of the same building) or multi-dwelling unit building. In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, such
as in a multi-dwelling unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.
d.
Impulsive Sound. Impulsive sound shall not equal or exceed 80 decibels
at all times.
[Ord. No. 00-35-OAB § VI; Ord. No. 08-19-OAB § 2]
a.
b.
Notwithstanding the provisions of Tables I and II, the following
standards shall apply to the activities or sources of sound set forth
below:
1.
Noncommercial or nonindustrial power tools and landscaping and yard
maintenance equipment shall not be operated between the hours of 8:00
p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment;
2.
Commercial or industrial power tools and landscaping and yard maintenance
equipment, excluding emergency work, shall not be operated on a residential
property or within 250 feet of a residential property line when operated
on commercial or industrial property, between the hours of 7:00 p.m.
and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00
a.m. on weekends or Federal holidays, unless such activities can meet
the limits set forth in Tables I and II. In addition, commercial or
industrial power tools and landscaping and yard maintenance equipment,
excluding emergency work, utilized on commercial or industrial property
shall meet the limits set forth in Tables I and II between the hours
of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these
activities shall be operated with a muffler;
3.
Construction and demolition activity, excluding emergency work, shall
not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays,
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and Federal
holidays, unless such activities can meet the limits set forth in
Tables I and II. All motorized equipment used in construction and
demolition activity shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to construction
and demolition activities;
4.
Motorized snowblowers, snow throwers, and lawn equipment with attached
snow plows shall be operated at all times with a muffler;
5.
An exterior burglar alarm of a building or motor vehicle must be
activated in such a manner that the burglar alarm terminates its operation
within five minutes for continuous airborne sound and 15 minutes for
impulsive sound after it has been activated;
6.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a distance of 25 feet of a residential property between
the hours of 10:00 p.m. and 8:00 a.m.;
7.
Personal or commercial vehicular music amplification equipment shall
not be operated in such a manner as to be plainly audible at a distance
of 25 feet in any direction from the operator between the hours of
8:00 a.m. and 10:00 p.m.;
8.
Self-contained, portable, hand-held music or sound amplification
or reproduction equipment shall not be operated on a public space
or public right-of-way in such a manner as to be plainly audible at
a distance of 50 feet in any direction from the operator between the
hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m.
and 8:00 a.m., sound from such equipment shall not be plainly audible
by any person other than the operator;
9.
Sound levels exceeding the limits set forth in Table I and Table
II[2] shall be prohibited between residential units within the same multi-dwelling unit building. Measurements shall be taken indoors as per Subsection 4-27.5b and c.
[2]
Editor's Note: Tables I and II are included as attachments to this chapter.
[Ord. No. 00-35-OAB § VII]
a.
Violation of any provision of this section shall be cause for an
enforcement document to be issued to the violator by the noise control
officer according to procedures set forth at N.J.A.C. 7:29-1.6. The
recipient of an enforcement document shall be entitled to a hearing
in municipal court having jurisdiction to contest such action.
b.
Any person who violates any provision of this ordinance shall be
subject to a civil penalty for each offense of not more than $3,000.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate, and distinct offense.
c.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person for injury or damage arising from any violation of this ordinance
or from other law.
[1974 Code § 81-1]
No person shall start or maintain an open or outdoor fire on
the strand, beach or shore of any pool, stream or body of water, on
public or private lands in this Township, without first obtaining
a permit for that purpose.
[1974 Code § 81-2]
The Police Officers are hereby authorized in a proper case to
issue such permit which shall state in writing, on the face of such
permit, the place or area in which the fire shall be permitted.
[1974 Code § 81-3]
All fires started or maintained pursuant to this section shall
be extinguished by the permittee at or before 12:00 midnight, and
no fire shall be permitted to burn at any time, between 12:00 midnight
and sunrise.
[1974 Code § 81-4; Ord. No. 88-43; New]
[1974 Code § 123-15; Ord. No. 2-83; 12-16-2019 by Ord. No. 19-42-OAB]
No person shall park any trailer, mobile home or camping vehicle
on any street in the Township in violation of any parking regulation
of the Township or overnight, between the hours of 9:00 p.m. and 6:00
a.m. unless said trailer, mobile home or camping vehicle is being
actively used to load or unload.
[1974 Code § 123-16; Ord. No. 2-83]
No person shall park a trailer or mobile home on any premises
within the limits of the Township, other than a duly licensed trailer
park or mobile home park, except for the purpose of repair, storage
or sale. Any such vehicle being repaired, stored or kept for sale
shall not be used by any person as a dwelling or sleeping place and
shall otherwise comply with all other applicable ordinances of the
Township. This provision shall not be construed to otherwise allow
an exception to zoning requirements.
[1974 Code § 123-17; Ord. No. 2-83]
No person shall live in any camping vehicle in this municipality,
unless the camping vehicle is located in a campground, which has received
approval from the State Department of Health.
[1974 Code § 123-18; Ord. No. 2-83; Ord. No. 88-43; New]
[Ord. No. 96-28 § 1;
amended 12-16-2019 by Ord. No. 19-42-OAB]
It shall be unlawful for any individual, partnership, corporation
or other entity to park or store upon any roadway or other public
property within the Township any boat or boat trailer, any jetski
or personal watercraft trailer. For the purposes of this section,
it shall be presumed that any such trailer is being stored when the
trailer remains in a stationary position overnight, between the hours
of 9:00 p.m. and 6:00 a.m. unless said trailer, mobile home or camping
vehicle is being actively used to load or unload.
[Ord. No. 98-15 § 1]
No person shall have in his or her possession an unsheathed
shotgun within 450 feet of any occupied building in the Township or
any school playground. For the purpose of this section, "occupied
building" shall mean any building constructed or adapted for overnight
accommodation of a person, or for operating a business or engaging
in any activity therein, whether or not a person is actually present.
[Ord. No. 98-15 § 2]
Target practice and target shooting are prohibited within the
Township except at a target range specifically authorized and designated
in writing as such by the Chief of Police.
[Ord. No. 98-15 § 3;
New]
[Ord. No. 00-18-OAB § I]
For the purpose of this section, the terms used herein are defined
as follows:
Shall mean all vehicles propelled otherwise than by muscular
power including motorcycles, trailers of all types and tractor equipment.
Shall mean any street, avenue, boulevard, highway, sidewalk
or alley, waterway or similar place which is owned or controlled by
a governmental entity.
[Ord. No. 00-18-OAB § II]
Unless an approval has been obtained from the appropriate agency
or Zoning or Planning Board, for the conducting of the business of
the sale of motor vehicles, no person shall offer for sale any motor
vehicle on any private property, public right-of-way, or vacant land
in the Township of Berkeley. This prohibition shall apply both to
the owner of the property on which the violation is occurring, as
well as any owner of a motor vehicle being offered for sale in violation
of this section.
[Ord. No. 00-18-OAB § III]
The owner or resident of any property used for residential purposes,
may offer for sale not more than one motor vehicle on the owner's
or resident's property. Under no circumstances may the motor vehicle
being offered for sale be within any public right-of-way while being
offered for sale.
[Ord. No. 00-18-OAB § IV]
Any person, firm or corporation who or which violates any provision
of this section, shall, upon conviction, be fined not more than $1,000,
be imprisoned for not more than 90 days and/or serve a period of community
service not exceeding 90 days. Each day on which a violation of any
provision of this section occurs or is repeated shall constitute a
separate offense. The Municipal Court of the Township of Berkeley
shall have jurisdiction to enforce the provision of this section.
[Ord. No. 00-18-OAB § V]
The violation of any provision of this section shall be subject
to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
[Ord. No. 01-11-OAB § 1]
A new section be and hereby is established entitled "Mobile
Telephones."
[Ord. No. 0-11-OAB § 2]
Shall mean and include but not be limited to cellular, analog,
wireless and digital telephones.
Shall mean for an automatic transmission vehicle that the
vehicle is in the park gear; for a standard transmission that the
vehicle is in the neutral gear and the brake is being utilized or
the vehicle is otherwise stationary.
Shall mean to use a mobile telephone in: (i) dialing; (ii)
answering; (iii) talking; (iv) listening.
[Ord. No. 01-11-OAB § 3]
It is the purpose of this section and the policy of the municipality
to regulate the use of mobile telephones by persons operating motor
vehicles in order to protect other persons within the municipality.
This section shall be liberally construed and applied to promote its
purposes and policy.
[Ord. No. 01-11-OAB § 4]
a.
Permitted Uses. Notwithstanding anything contained in this chapter
to the contrary, this section shall not be construed to prohibit the
use of mobile telephones by:
1.
Any law enforcement, public safety or police officers, emergency
management officials, first aid, emergency medical technicians and
personnel, and fire safety officials in the performance of duties
arising out of and in the course of their employment as such;
2.
A person who is using the mobile telephone to contact public safety
forces; or
3.
While maintaining the vehicle in a parked position either on public
or private property, or with a "hands free device" which allows the
operator to maintain both hands on the applicable steering device
while using the mobile telephone.
b.
Restrictions. No person shall operate a motor vehicle on any street
or highway while engaging in any conduct defined as the "use" of a
mobile telephone unless the operator is using a mobile telephone with
"hands-free" technology for dialing, answering, talking and listening.
[Ord. No. 01-11-OAB § 5]
Enforcement of this section by State or local law enforcement
agents shall be accomplished only as a secondary action when a driver
of a passenger automobile has been detained for suspected violation
of Title 39 of the Revised Statutes or some other offense.
[Ord. No. 01-11-OAB § 6]
Violations of any provision of this section shall be punishable
by a fine not to exceed $250.
[Ord. 04-13-OAB § 1]
a.
PERSONAL WATERCRAFT
Definition.
Shall mean a power vessel as defined as Class "A" vessel
by the United States Coast Guard and which:
b.
c.
Responsibilities of Person Operation Personal Watercraft. A person
operating a personal watercraft shall at all times:
1.
Wear the safety switch lanyard while the personal watercraft is underway
provided that the personal watercraft is equipped with such a lanyard
cutoff device; and
2.
Proceed at a safe speed that shall allow the person operating the
personal watercraft to take proper and effective action to avoid collision
and to stop the personal watercraft within a safe distance, as may
be appropriate under the prevailing circumstances and conditions.
d.
Personal Flotation Device Required. A person operating a personal
watercraft or any passenger on a personal watercraft shall at all
times while the personal watercraft is underway, wear a United States
Coast Guard Approved Type I, II, III or Type V Hybrid Personal Flotation
Device.
e.
Water-skiers. The operator of personal watercraft designed to accommodate
three or more persons shall be permitted to tow a water-skier, provided
that the personal watercraft has the capacity to allow one of the
persons to face the stern of the personal watercraft for the purpose
of tending to the ski rider.
f.
Violations and Penalties. Any person who violates provisions of this
subsection shall, upon conviction thereof, before a court of competent
jurisdiction, be subject to a penalty of not more than $1,000 or imprisonment
for not more than 90 days or both.
[Ord. 04-13-OAB § 2]
a.
Careless Operation of Vessel. A person who operates a vessel on the
waters of this Township, without due caution and circumspection in
a manner that endangers, or is likely to endanger, a person or property,
shall be guilty of careless operation. Careless operation shall include,
but need not be limited to the loading of a vessel beyond the maximum
capacity stated on the United States Coast Guard capacity label or
the capacity label of the manufacturer affixed to the vessel.
b.
Reckless Operation. A person who disregards the rights or safety
of others and operates a vessel on the waters of this Township in
a manner which unnecessarily interferes with the free and proper use
of any waters, or which unnecessarily creates a risk of damage or
injury to other craft therein, or to person or property, shall be
guilty of reckless operation of a vessel.
c.
Vessels to Have Personal Flotation Devices for Each Person on Board.
A person shall not operate or allow another person to operate a vessel
on the waters of this Township unless the vessel has a serviceable
United States Coast Guard approved personal flotation device for each
person on board. Such devices shall be of a type and in sufficient
number as required by the United States Coast Guard for a vessel of
that class operating on navigable waters, such devices shall be readily
accessible when the vessel is underway or worn as required by regulation.
For the purpose of this section, the term "vessel" does not
include surfboards, wind surfers, racing shells, rowing sculls and
racing kayaks.
d.
Mandatory Wearing of Personal Floatation Device (PFD) by Children.
1.
Every person who operates a vessel on the waters of his Township
with a child 12 years of age or under on board shall have a child
wear, at all times, a properly fitted United States Coast Guard approved
personal flotation device whenever the vessel is underway. The PFD
shall be fully secured on the child by all means provided in accordance
with the manufacturer's instructions.
2.
The operator of a vessel shall not be guilty of a violation of this
act if a United States Coast Guard flotation device of a size to properly
fit the child is not commercially available.
3.
Exception.
(a)
Paragraph d1 above shall not apply when a child is inside a
fully enclosed cabin that is a permanent, nonremovable part of the
vessel that is intended by the vessel manufacturer to carry passengers.
(b)
The following classes of vessels shall be exempt from the requirements of Subsection 1 above:
(1)
Vessels owned and operated by the United States;
(2)
Vessels owned and operated by the State of New Jersey or an
agency thereof, a county, a municipality, a volunteer first aid, rescue
or emergency squad, a search and rescue unit established within a
fire district, or volunteer fire company, when a child is on board
as a direct result of being rescued from an emergency situation;
(3)
Commercial vessels; and
(4)
Ferries.
(c)
For the purpose of this section, "commercial vessel" means any
vessel longer than 65 feet operated for a purpose that requires a
United Stales Coast Guard Operator's or Master's License. "Ferry"
means any vessel longer than 65 feet operating on a short run on a
frequent schedule between two points offering a public service of
a type normally attributed to a bridge or tunnel.
[Ord. 04-13-OAB § 3]
[Ord. 04-13-OAB § 4]
The speed of power vessels shall at all times be regulated so
as to avoid danger or injury to manner of crafts whether floating,
moored, anchored or underway, or to piers, wharfs, bulkheads, draw
spans or other waterfront construction either directly or by the effect
of the wash or wave raised by such power vessels through its speed
or otherwise.
a.
No person shall operate a power vessel or allow a power vessel to
be operated in a manner where the speed and/or wake of the power vessel
may cause danger or injury to life or limb or damage to property.
b.
All power vessels shall reduce their speed to slow speed/no wake
when passing:
1.
Any marina, pier dock, wharf or abutment at a distance of 200 feet;
2.
Work barges or work floats while actually engaged in construction;
3.
Through bridge spans;
4.
Through lagoons, canals and confined areas of less than 200 feet
in width;
5.
Vessels not under command; or
6.
Emergency vessels displaying sequential flashing or rotating blue
lights.
c.
"Slow Speed/No Wake" as used in this section means the speed at which
a power vessel moves through the water and is able to maintain minimum
in relation to the vessel or structure being passed and producing
the minimum wake possible.
d.
All power vessels, when moving through an area not specified in Subsection b above that has been designated as a "Slow Speed/No Wake" area by the State Police or Township of Berkeley, either by buoys or by signs stating "Slow Speed" and/or "No Wake" shall reduce their speed to "Slow Speed/No Wake."
[Ord. 04-13-OAB § 5]
No person shall anchor or cause to be anchored, tie or cause
to be tied any power vessel, rowboat, sailboat, canoe, or any other
vessel to or within a radius of 50 feet of any light, beacon, buoy,
or any other aid to navigation, except in an emergency. This subsection
shall not apply to vessels operated by the State or Federal Government
for the maintenance replacement or survey or navigation on aids.
[Ord. No. 04-13-OAB § 6]
a.
The owner of a vessel required to be numbered in this State shall
file an application with the Division[1] on forms approved by it. The application shall be signed
by the owner and shall be accompanied by the fee prescribed by this
act for such vessel. Upon receipt of the application in the approved
form and the prescribed fee, the Division shall enter the same upon
the records of its office and issue to the applicant, a pocket-size
laminated or otherwise water resistant certificate number, which shall
state the name and address of the owner, a description of the vessel,
its use, and tie number assigned.
[1]
Editor's Note: Division as used herein refers to the Division
of State Police.
b.
Except as provided herein, the certificate of number shall be available
at all times for inspection on the vessel for which issued whenever
such vessel is in operation. The certificate of number for vessels
less than 26 feet in length and leased or rented to another for latter's
noncommercial use of less than 24 hours may be retained on shore by
the vessel's owner or his representative at the place from which the
vessel departs or returns in the possession of the owner or his representative;
provided such substitute as the director may prescribe by regulation
is carried on board.
[Ord. No. 04-13-OAB § 7]
a.
For the purposes of P.L. 1962, c. 73 (C. 12.:7.34.36 et seq.) a documented
vessel is based within this State if the owner owns, maintains, leases
or rents space in this State for the storage, mooring or servicing
on other than transient basis.
b.
The owner of a documented vessel of 500 gross tons or less based
in this State shall file an application for the registration of such
vessel with the Division[1] on forms approved by it. The application shall be signed
by the owner and shall be accompanied by the fee prescribed herein
for the vessel. Upon receipt of the application in the approved form
and the prescribed fee the Division shall enter the same upon the
records of its office and issue to the application pocket-size laminated
or otherwise water resistant certificate of registration which shall
state the name and address of the owner, a description of the vessel,
and its use.
[1]
Editor's Note: Division as used herein refers to the Division
of State Police.
c.
The certificate of registration shall be available at all times for
inspection on the vessel for which issued whenever the vessel is in
operation.
d.
The fees for the initial registration or a documented vessel and
for each renewal thereof, shall be based on the length of the vessel
and shall be the same as provided for in section 12 of P.L. 1962 c.
73 (C. 12:7.34, 47) for other vessels of the same length.
[Ord. No. 04-13-OAB § 8]
Every power vessel used on the waters of this Township shall
at all times be equipped with a muffler or muffler system in good
working order and in constant operation. A person shall not use a
muffler or muffler system cutout, bypass or similar method or device
to prevent or diminish the operational capacity of a muffler or a
muffler system installed on a power vessel used on the waters of this
Township. Decibel levels exceeding the limits established pursuant
to rules and regulations as measured by a noise meter operated by
a trained Marine Police Officer, Township Police Officer and/or Health
Official shall be evidence of a violation of this subsection. For
the purpose of this subsection muffler means a sound dissipative device
or system which abates the sound of gasses which are emitted from
an internal combustion engine and which prevents excessive or unusual
noise.
The provisions of this subsection shall not apply to power vessels
registered and actually participating in racing events, or tune-up
periods for racing events, when authorized by the Division of State
Police in the Department of Law and Public Safety or by any other
public authority with the approval of the Division of State Police.
[Ord. No. 04-13-OAB § 9]
Except as herein otherwise provided, every vessel which is upon
the waters of this Township shall be numbered in accordance with the
provisions of this section, and no person shall operate or give permission
to operate any vessel on such waters unless it is so numbered.
A vessel shall not be required to be numbered under this section
if it is;
a.
A documented vessel;
b.
Being legally operated and meets all current requirements pursuant
to applicable Federal law or a federally approved numbering system
of another State; provided that such vessel shall not have been within
this Township for period in excess of 180 consecutive days, unless
it is in New Jersey for the purpose of wet or dry storage, or for
repairs in which case the actual time for said storage or repair shall
not be counted as included within 180 days aforesaid provided, however
that a vessel shall: be considered to be based within this Township
if its owner owns, maintains, leases, or rents space in this Township
or its owner owns, maintains, leases or rents space in this Township
for its storage, mooring, or servicing on other than a transient basis;
c.
From a country other than the United States temporarily using the
waters of this Township;
d.
A public vessel of the United States, a State or subdivision or agency
thereof;
e.
A ship's lifeboat;
f.
Any vessel used exclusively for racing while actually competing in
or turning up for an authorized race held under the auspices of a
duly incorporated yacht club or racing association in accordance with
the rules and regulations prescribed by the Division of State Police
and pursuant to a permit duly issued by the Division;
g.
A sailboat or vessel, except for power vessels, used exclusively
on small lakes and ponds wholly within private lands;
h.
A nonmotorized inflatable surfboard, racing scull, tender for direct
transportation between a vessel and the shore and for no other purpose
(dinghy), or vessel, except power vessels, of 12 feet or less in length;
i.
A canoe or a kayak; or
j.
A sailboat of 12 feet or less in length.
A sailboat shall be required to be numbered under this if it
is any class of one design sailboat, in excess of 12 feet in length,
which is temporarily or permanently equipped with power installed
whether inboard or outboard.
[Ord. No. 04-13-OAB § 10]
a.
No person shall operate any vessel in a manner which shall unreasonably
interfere with other vessels or with free and proper navigation of
the waterways.
b.
Anchoring in heavily traveled channels or main thoroughfares shall
constitute such interference if unreasonable in the prevailing circumstances.
No person shall tie up or anchor vessels or other craft in navigable
channels in such a manner as to prevent or obstruct the passage of
other vessels or craft, or carelessly sink or permit or cause to be
sunk, or except in an emergency, voluntarily sink or permit or cause
to be sunk a vessel or other craft in a navigable channels.
[Ord. No. 04-13-OAB § 11]
Any person who violates provisions of the section shall, upon
conviction thereof, before a court of competent jurisdiction, be subject
to a penalty of not more than $1,000 or imprisonment for not more
than 90 days or both.
[Ord. No. 04-13-OAB § 12]
a.
Water-Skiing — Operational Regulations.
1.
"Water-skiing" means anything with a rider being towed by a power
vessel by means of a tow rope, tow line, or training boom, except
another vessel being towed.
2.
All power vessels conducting water-skiing operations shall, while
underway, keep at least 200 feet distant from any wharf, marina dock,
pier, bridge structure, abutment, or persons in the water, and 100
feet from other vessels, any shore, approved aid to navigation or
mooring except specifically provided otherwise in these regulations.
3.
All power vessels conducting water-skiing operations shall have a
crew of at least two persons, one of whom shall be a competent observer,
and shall have adequate space on the vessel for the water-skiing participant.
4.
Tow line shall be not less than 35 feet nor more then 75 feet in
length except as specifically provided otherwise in these regulations.
5.
Water-skiers shall wear a United State Coast Guard approved Type
I, II, III or Type V hybrid personal flotation device, except that
a barefoot wetsuit may be worn during sanctioned competitions or shows
and while training for such events, as long as there is a United States
Coast Guard approved wearable personal flotation device on board the
vessel for each skier.
b.
Violations and Penalties. Any person who violates provisions of the
subsection shall, upon conviction thereof, before a court of competent
jurisdiction, be subject to a penalty of not more than $1,000 or imprisonment
for not more than 90 days or both.
[Ord. No. 04-29-OAB §§ 1,
2; Ord. No. 2014-11-OA]
a.
3rd Avenue between 5th and 6th Streets shall be closed from June
1st to August 31st between 3:00 p.m. and 9:00 p.m. on an annual basis.
b.
Parking shall be temporary prohibited on the south side of 3rd Avenue
between 6th Street and 7th Street during street closures to allow
emergency vehicle access to park area.
c.
Any violation of the section or of any regulations promulgated thereunder
shall be punishable by a fine not to exceed $50.
[Ord. No. 05-14-OAB § 1]
The purpose of the within section is to protect the health,
safety and welfare of children within the Township of Berkeley as
a result of their being no current State law concerning the prohibition
of convicted sex offenders residing or living near areas where children
regularly meet and congregate.
[Ord. No. 05-14-OAB § 2]
a.
A person over the age of 18 years of age who has been convicted of
a violation of any crime against a minor as listed in N.J.S.A. 2C:7-2,
and who as a result of said conviction is required to register with
the proper authorities pursuant to N.J.S.A. 2C.7-1, et seq. shall
not be permitted to reside or live within 1,000 feet of any school,
park, playground or day care center located in the Township.
b.
Any person who resides or lives within 1,000 feet of any school,
park, playground or day care center in the Township shall have 60
days from receipt of written notice of the prohibition set forth herein
to move. Failure to move to a location which is in compliance with
this section within that time period shall constitute a violation
of this section.
d.
Any person who violates any one or more subsections of this section
shall be subject to a fine of not more than $1,250 for each separate
offense and/or confinement in the Ocean County Jail for a period of
not more than 90 days.
