[1]
Editor's Note: Prior ordinance history includes portions of
1976 Code §§ 54-1 — 54-4. and Ord. Nos. 97-31,
98-9, 99-33, and 2019-17.
[Added 4-26-2022 by Ord.
No. 2022-11]
The Township adopts this noise ordinance for the following reasons:
a.
Excessive sound is a serious hazard to the public health, welfare,
safety, and the quality of life.
b.
A substantial body of science and technology exists by which excessive
sound may be substantially abated.
c.
The people have a right to, and should be ensured of, an environment
free from excessive sound.
d.
It is the policy of Holmdel to prevent excessive sound that may jeopardize
the health, welfare, or safety of the citizens or degrade the quality
of life.
e.
This section shall apply to the control of sound originating from
sources within Holmdel.
[Added 4-26-2022 by Ord.
No. 2022-11]
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.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
The sound level as measured using the C-weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The C-weighting
network is more sensitive to low frequencies than is the A-weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
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.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
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, below, or otherwise
adjacent to.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their model noise ordinance and enforcement procedures. A Noise
Control Investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
An employee of 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 an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 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.
Any sound that can be detected by an 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 street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multidwelling unit building; or c) on a multi-use
property as defined herein, the vertical or horizontal boundaries
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, or if there is an outdoor sound source,
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). NOTE: This definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
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.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
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.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[Added 4-26-2022 by Ord.
No. 2022-11]
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. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[Added 4-26-2022 by Ord.
No. 2022-11]
b.
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.A. § 12101 et seq.
[Added 4-26-2022 by Ord.
No. 2022-11]
a.
Noise Control Officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this section and pursue enforcement activities.
b.
Noise Control Investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
section of this section that do not require the use of a sound level
meter (i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
c.
Noise Control Officers and Investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's
municipal noise ordinances.
[Added 4-26-2022 by Ord.
No. 2022-11]
a.
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 of this section and with the definition of "real property
line" as contained herein.
b.
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.
[Added 4-26-2022 by Ord.
No. 2022-11]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 3-1.3A above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in Subsection 3-1.6b.
b.
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 Multi-Use
Property
|
Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 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 Multi-Use
Property
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 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.
|
|
Table III
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
OUTDOORS
|
Residential Property, or Residential Portion of a Multi-Use
Property
INDOORS
|
Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility
OUTDOORS
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
INDOORS
| ||
|
Octave Band Center Frequency (Hz)
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level
(dB)
| ||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
NOTE: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
[Added 4-26-2022 by Ord.
No. 2022-11]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Subsection 3-1.6b of this section. These sound level measurements shall be conducted with the sound level meter set for C weighting, fast response.
|
Table IV
Maximum Permissible Increase in Total Sound Levels Within a
Residential Property
| |
|---|---|
|
Weeknights, 10:00 p.m. to 7:00 a.m.; weekend nights 11:00 p.m.
to 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
[Added 4-26-2022 by Ord.
No. 2022-11]
a.
The following standards shall apply to the activities or sources
of sound set forth below:
1.
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant 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, II or III. At all other times the limits set forth
in Tables I, II or III do not apply. All motorized equipment used
in these activities shall be operated with a muffler and/or sound
reduction device.
2.
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g., commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial or public (e.g., golf course, parks, athletic fields) property
between the hours of 6:00 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,
II or III. At all other times the limits set forth in Tables I, II
or III do not apply. All motorized equipment used in these activities
shall be operated with a muffler and/or sound reduction device.
3.
All 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, II or III. At all other times the limits set forth
in Tables I, II or III do not apply. All motorized equipment used
in construction and demolition activity shall be operated with a muffler
and/or sound reduction device.
4.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth in Tables I, II or III do
not apply.
5.
All interior and exterior burglar alarms 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 intermittent sound after it has been activated. At
all other times the limits set forth in Tables I, II or III do not
apply.
6.
Self-contained, portable, nonvehicular music or sound production
devices 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,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
7.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include, but not be limited to:
(a)
Vocalizing (howling, yelping, barking, squawking etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
(b)
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
b.
It is an affirmative defense under this subsection that the dog or
other animal was intentionally provoked to bark or make any other
noise.
[Added 4-26-2022 by Ord.
No. 2022-11]
Violations of each paragraph of this section shall be considered
purposeful and therefore nonminor violations.
a.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
b.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the Federal Noise Regulations under 40 CFR Part 205.
c.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
d.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is 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.
[Added 4-26-2022 by Ord.
No. 2022-11]
a.
Violation of any provision of this section shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
b.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate, and distinct offense.
c.
Upon identification of a violation of this section the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this section that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
d.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Subsection 3-1.2 of this section) a NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq., where the responsible
party's/violator's voluntary action can prevent a formal
enforcement action with penalties issued by the Township of Holmdel
Health Department or other governmental entity administering such
services on behalf of same. It shall be noted that the NOV does not
constitute a formal enforcement action, a final agency action or a
final legal determination that a violation has occurred. Therefore,
the NOV may not be appealed or contested.
e.
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a nonminor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014,
will be issued. If a nonminor violation is immediately corrected,
a NOV without a civil penalty shall still be issued to document the
violation. If the violation occurs again (within 12 months of the
initial violation) a NOPA shall be issued regardless of whether the
violation is immediately corrected or not.
f.
The violator may request from the Noise Control Officer or Noise
Control Investigator, an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
g.
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
h.
The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
i.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
[1976 Code § 75-1]
As used in this section:
Shall mean any real property within the Township which is
not a "street" or "highway."
Shall mean the entire width between the boundary lines of
every way publicly maintained when any part thereof is open to the
use of the public for purposes of vehicular travel.
Shall mean a machine propelled by power other than human
power, designed to travel along the ground by use of wheels, treads,
runners or slides and transport "persons" or property or pull machinery,
and shall include, without limitation, automobiles, truck, trailer,
motorcycle, tractor, buggy and wagon.
[1976 Code § 75-2]
No person shall abandon any vehicle within the Township and
no person shall leave any vehicle at any place within the Township
for such time and under such circumstances as to cause such vehicle
to reasonably appear to have been abandoned.
[1976 Code § 75-3]
No person shall leave any partially dismantled, nonoperating,
wrecked or junked vehicle on any street or highway within the Township.
[1976 Code § 75-4]
No person in charge or control of any property within the Township,
whether as owner, tenant, occupant, lessee or otherwise, shall allow
any partially dismantled, nonoperating, wrecked, junked or discarded
vehicle to remain on such property longer than 72 hours; and no person
shall leave any such vehicle on any property within the Township for
a longer time than 72 hours; except that this section shall not apply
to a vehicle in an enclosed building; a vehicle on the premises of
a business enterprise operated in a lawful place and manner when necessary
to the operation of such business enterprise; or a vehicle in an appropriate
storage place or depository maintained in a lawful manner by the Township.
[1976 Code § 75-5]
The Chief of Police or any designated member of the Police Department
is hereby authorized to take possession of, remove or have removed
any vehicle left at any place within the Township which reasonably
appears to be in violation of this section or is lost, stolen or unclaimed.
Upon taking possession or impounding of any vehicle, the Police Department
shall immediately notify the owner or owners of the vehicle of the
place at which such vehicle was taken and is being held. The owner
shall arrange to reclaim the vehicle and shall be responsible to pay
all reasonable costs of removal and storage of the vehicle and any
fine or penalty and court costs assessed against him/her for the violation
which gave rise to the seizure or taking possession of such vehicle.
In the event the Police Department shall be unable to locate the owner
or owners of the vehicle or in the event the vehicle is not reclaimed
by the owner or owners, the Police Department is hereby authorized
to dispose of the vehicle in accordance with N.J.S. 39:10A-1 et seq.
or other applicable laws.
[New]
Penalties for a violation of this section shall be in accordance
with N.J.S. 39:4-56.5.
[1976 Code § 76-1; Ord. No. 88-43]
The Township Committee enacts this section pursuant to its police
powers under N.J.S. 40:48-2 and applicable provisions of N.J.S. 39:1-1
et seq. in order to improve standards of safety as well as to minimize
the impact of the operation of certain motorized vehicles on residents
of the Township, the public at large and the environment since:
a.
Such operation has been in a manner so as to create loud, unnecessary
or unusual noise so as to disturb or interfere with the peace, quiet
and tranquility of others.
b.
Such operation has been in a careless, reckless or negligent manner
so as to endanger or be likely to endanger the safety of others or
the property of others.
[1976 Code § 76-2; § 76-5; Ord. No. 88-43; New]
a.
It shall be unlawful for any person to operate any motorized vehicle
including motorcycles, snowmobiles, minibikes, trail bikes, motor
scooters, go-carts, motorized skateboards, all-terrain vehicles (ATV's)
and dune buggies or any other vehicle in the class known as recreational
vehicles when same are used primarily for transportation of the driver
on any property or under any circumstances described in paragraph
b.
b.
It shall be unlawful to operate any off-road vehicle anywhere within
the Township under the following circumstances:
1.
On the private property of another person or party without the express
written permission to do so by the owner or occupant of the property;
the written permission shall be exhibited to Police Officers on request.
2.
On any private property that does not comply with the following requirements:
(a)
Consists of a minimum size of three acres;
(b)
Has at least one off-street parking space for each motor driven
vehicle to be used on the property;
(c)
Provides a minimum 100-foot buffer area measured from the property line of the property to be used, which buffer shall consist of landscaping, hedges, evergreen trees and other sound-absorbing vegetation. No operation of off-road vehicle described in subsection 3-3.2 shall be allowed in this area.
3.
On any public street, sidewalk, bicycle path, conservation easement,
open spaces, park or any other public lands within the Township; provided,
however, that vehicles registered under N.J.S. 39:3C-19 et seq. shall
be regulated by that Statute as to operation on the aforesaid areas.
4.
Without any muffler device or, in the case of vehicles with two-cycle
engines, without any spark arrester.
5.
In a manner creating loud or unusual noise so as to disturb or interfere
with the peace, quiet or health of other persons.
6.
In a careless, reckless or negligent manner so as to endanger, or
be likely to endanger, the safety or the property of any person or
wildlife.
7.
Between the hours of 8:00 p.m. and 8:00 a.m. on any weekday or 9:00
p.m. and 9:00 a.m. on any Saturday, Sunday or holiday.
8.
Without the use by the operator, while the vehicle is in operation,
of helmet and goggles.
9.
In a manner creating disturbances to ground area that interferes
with the health, safety or general welfare of any person or any wildlife.
10.
An off-road vehicle may not be operated unless it has working head
lights, tail lights and brakes in accordance with N.J.S. 39:3C-19.
c.
It shall be unlawful for the owner of any motorized vehicle as described
in paragraph a to permit any person to operate that vehicle on any
property or under any circumstances described in this section.
[1976 Code § 76-3; Ord. No. 88-43]
This section shall not be applicable to police or other emergency vehicles, including but not limited to ambulances, motorcycles, fire control vehicles and the like, or to motorized lawnmowers, tractors or farm vehicles or construction equipment. The use of all-terrain vehicles on construction sites by employees of the owner or contractor or the owner or contractor engaged in construction work on the site shall be permitted during normal business working hours; however, such use shall be subject to the operation regulations set forth in subsection 3-3.2, paragraphs b4 through b10.
[1976 Code § 76-4; Ord. No. 88-43]
The Police Department is hereby authorized to confiscate and impound any motorized vehicle which is allegedly operated in violation of the terms of this section. All towing charges as well as storage fees as prescribed in Section 4-7 of the Code of the Township of Holmdel shall be the responsibility of the owner of the motor-driven vehicle confiscated.
[1976 Code § 76-9; Ord. No. 88-43; Ord. No. 2006-07 § III]
a.
For persons 18 years of age or over, violation of the provisions
of this section shall, upon conviction, be subject to one or more
of the following in the discretion of the Judge of the Municipal Court:
impounding of the motorized vehicle for six months at the violator's
expense, or imprisonment in the County Jail or in any place provided
by the Township for the detention of prisoners for any term not exceeding
90 days, or by a fine not exceeding $2,000 or by a period of community
service not to exceed 90 days.
Except as otherwise provided, each and every day in which a
violation of any provision of this section exists, shall constitute
a separate violation. In addition, any violation of this section shall
be considered a separate offense upon each and every day in which
a violation exists.
b.
In the event the provisions of this section are violated by an operator
or a registered owner of the vehicle who is at the time of such violation
under the age of 18, such violation will result in the following:
impoundment of the motorized vehicle for six months at the expense
of the violators, parents or guardian and institution of juvenile
delinquency proceedings against such minor operator or owner.
[Ord. No. 2013-25]
As used in this section:
Shall mean to sell, manufacture, give, provide, lend, trade,
mail, deliver, transfer, publish, post, distribute, circulate, disseminate,
present, exhibit, advertise or offer.
Shall mean a law enforcement officer, other Township employee,
paid or volunteer firefighter, paid or volunteer member of a duly
incorporated first aid, emergency, ambulance or rescue squad association,
or any other individual who, in the course of his employment, is at
the scene of a motor vehicle accident or other police involved situation.
Shall mean within the perimeter of the area established by
the police to which the civilian public is prohibited.
[Ord. No. 2013-25]
a.
A first responder who is dispatched to or is otherwise present at
the scene of a motor vehicle accident or other emergency situation
(hereafter "scene"), for the purpose of providing medical care or
other assistance, shall not photograph, film, videotape, record or
otherwise reproduce in any manner, except for the exclusive use for
in-house training purposes, any portion of the scene.
b.
A first responder shall not disclose any photograph, film, videotape,
record or other reproduction of any portion of the scene unless that
disclosure was for a legitimate law enforcement, public safety, health
care or insurance purpose or pursuant to a Court order.
[Ord. No. 2013-25]
Each person convicted of a violation of this section shall be:
[Added 9-10-2019 by Ord.
No. 2019-17; amended 4-26-2022 by Ord. No. 2022-11]
a.
"Engine
braking," as used herein, shall mean any mechanical exhaust device
designed to aid in the braking, decompression, or deceleration of
any motor vehicle that results in loud or unusual noise from such
vehicle and shall include engine compression brakes.
b.
It
shall be unlawful for the driver of any motor vehicle to use or operate
or cause to be used or operated, at any time and on any county or
municipal roadway within the Township of Holmdel, any mechanical exhaust
or decompression device defined as "engine braking."
d.
Posting
of Signs. The Township is hereby authorized to post signs at reasonable
locations within the Township indicating the prohibition of engine
braking.
e.
Jurisdiction.
Authority to enforce this section is granted to any law enforcement
officer employed by the Township Police Department, the Township Code
Enforcement Officer, or the Township Noise Control Officer.
[1976 Code § 26-9; Ord. No. 10-82]
a.
Public Places. It shall be unlawful for any person to possess, serve,
sell, dispense, drink or consume any alcoholic beverage on a public
street, alley, road, sidewalk, public parking lot or any other public
property or public area within the Township unless a permit shall
have been first obtained from the Township Police Department. The
application for the permit shall be made on forms to be obtained from
the Police Department.
b.
Semipublic Places. It shall be unlawful for any person to possess,
serve, sell, dispense, drink or consume any alcoholic beverage in
any portion of the exterior premises or yard area of any semipublic
property, structure or building within the Township unless a permit
shall have been first obtained from the Township Police Department.
The application for the permit shall be made on forms to be obtained
from the Police Department.
[1976 Code § 26-10; Ord. No. 10-82]
The grant or denial of any permit requested pursuant to subsection 3-6.1 shall be based upon the following standards:
a.
Age of the individual(s) who will be consuming the beverages, none
of whom shall be under the allowable drinking age. Adequacy of plans
for supervision of these individuals.
b.
Number of individuals making such request and the number of individuals
who will be at the event or invited to it.
c.
Number and type of activities scheduled in the surrounding area of
requested location on that date.
d.
The safety of the public and the safety of persons directly or indirectly
involved or near the location at which the permit is intended to cover.
e.
Concerns for peace and good order in the immediate neighborhood and
the surrounding area.
[1976 Code § 26-11; Ord. No. 10-82]
As used in this section:
Shall mean and include, but are not limited to, all areas referred to in subsection 3-6.1a, together with all Township-owned or controlled properties and structures.
Shall mean and include, but are not limited to, all buildings,
structures, facilities or complexes used by the general public or
to which the general public is invited, including but not limited
to theaters, concert halls, auditoriums, museums, schools, libraries,
recreation facilities, public transportation terminals and stations,
factories, office buildings, businesses, shopping centers, hotels
or motels and public eating places, all whether privately or publicly
owned, and the roads, streets, driveways, parking areas, parkways,
exits, entrances, and all other roadways within the confines of parking
areas adjacent to or used in connection with such structure or building.
[1976 Code § 26-12; Ord. No. 10-82]
These provisions shall not apply to prohibit:
a.
Drinking or consuming alcoholic beverages on licensed premises, or
in restaurants, whether licensed or unlicensed, excluding fast food
service establishments.
b.
Drinking or consuming alcoholic beverages on Board of Education property
where written authority to do so has been obtained from the Board
of Education and is not in violation of any other law or regulation.
d.
Transporting, carrying or possessing alcoholic beverages in connection
with the transportation of such beverages to and from locations where
consumption is allowed pursuant to this section provided that the
alcoholic beverage is in a closed container and transported in a bag
or other similar container.
[1976 Code § 30-1]
As used in this section:
Shall mean a device having wheels with tires 16 inches or
more in diameter, connected by a frame of metal or wood, and so arranged
as to be propelled by human power. The term "bicycle" as used in this
section shall not include children's tricycles.
Shall mean the Division of Motor Vehicles of the Department
of Law and Public Safety, State of New Jersey.
[1976 Code § 30-2; New]
It shall be unlawful for any person to ride or operate a bicycle
in the Township unless such person rides or operates such bicycle
in accordance with the following rules and regulations:
a.
Lights on Bicycles. 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.
b.
Audible Signal Device Required. 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.
c.
Brakes. Every bicycle shall be equipped with a brake which will enable
the operator to make the braked wheels skid on dry, level, clean pavement.
d.
Position of Hands and Feet; Carrying Another Person. 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.
e.
Hitching on Vehicles Prohibited. No person riding upon any bicycles,
coaster, skates, sled or toy vehicle shall attach the same or himself
to any streetcar or vehicle upon a street, and no operator of any
streetcar or vehicle shall knowingly allow any person riding upon
any bicycle, coaster, skates, sled or toy vehicle to attach the same
or himself to the street vehicle.
f.
Rights and Duties of Persons on Bicycles.
1.
Every person riding a bicycle upon a street shall be granted all 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 Revised Statutes and all supplements thereto, except as to those provisions thereof which by their nature can have no application.
2.
Regulations applicable to bicycles shall apply whenever a bicycle
is operated upon any street or upon any path set aside for the exclusive
use of bicycles, subject to those exceptions stated herein.
g.
Operating Regulations. Every person operating a bicycle upon a street
shall ride as near to the right side of the street as practicable,
exercising due care when passing a standing vehicle or one proceeding
in the same direction.
h.
Riding on Sidewalks.
1.
No person shall ride a bicycle upon a sidewalk within a business
district.
2.
The Chief of Police is authorized to erect signs on any sidewalk
prohibiting the riding of bicycles thereon by any person, and when
such signs are in place no person shall disobey the same.
3.
Whenever any person is riding a bicycle upon a sidewalk, such person
shall yield the right-of-way to any pedestrian and shall give audible
signal before overtaking and passing such pedestrian.
i.
Carrying Articles. No person operating a bicycle shall carry any
package, bundle or article which prevents the rider from keeping at
least one hand upon the handlebars.
j.
Parking. No person shall park a bicycle upon a street other than
upon the roadway against the curb or upon the sidewalk in a rack to
support the bicycle or against a building or at the curb, in such
manner as to afford the least obstruction to pedestrian traffic.
k.
Pursuant to N.J.S. 39:4-10.1 to 10.4, the operator and/or passenger
under the age of 14 years shall be required to wear an approved safety
helmet when riding a bicycle.
[1976 Code § 30-3]
The Chief of Police or his/her duly authorized representative
is hereby authorized and directed to provide within the Township bicycle
safety programs in conjunction with the Board of Education of the
Township of Holmdel (pursuant to N.J.S. 18A:62) and in conjunction
with the Division of Motor Vehicles, the County of Monmouth or any
volunteer or service organizations. Such bicycle safety programs may
include lectures, courses in traffic safety, voluntary inspections
of bicycles and publication of printed material to parents and children
in the Township.
[1976 Code § 30-4]
Every person convicted of a violation of any provision of this
section shall be liable upon conviction, to a fine of not more than
$50 or by imprisonment for not more than 15 days or by impounding
of such person's bicycle for a period not to exceed 30 days, or by
any combination thereof.
[1976 Code § 36-1; amended 9-10-2019 by Ord. No. 2019-18]
a.
It shall be unlawful for any minor under the age of 18 years to loiter,
idle, wander, stroll, play or remain in or upon the public streets,
highways, roads, playgrounds, public buildings, places of amusement,
entertainment or places of business conducted for profit to which
the public is invited, and all public or quasi-public places, either
on foot or in any vehicle, within the Township between the hours of
10:00 p.m. on all days from Sunday to Thursday, inclusive, and 6:00
a.m. of the following day, and between the hours of 11:00 p.m. on
all Fridays and Saturdays and 6:00 a.m. on the following day, between
September 15 and June 15 of each year, and from June 15 to September
15 between the hours of 11:00 p.m. on all days from Sunday to Thursday,
inclusive, and 6:00 a.m. of the following day, and between the hours
of 12:00 midnight on all Fridays and Saturdays and 6:00 a.m. of the
following day, all of these times being prevailing time.
b.
The foregoing provisions shall also be applicable between dusk and
6:00 a.m. on any day in which the Township has ordered a temporary
emergency curfew be implemented, which shall be effectuated through
a duly adopted resolution of the Township Committee or a directive
of the Chief of Police, either of which shall be prominently noticed
on the Township's website and communicated through routine means to
Township residents prior to the date(s) of applicability of the temporary
emergency curfew.
c.
The provisions of this section shall not apply to any such person
under the age of 18 years when such person is accompanied by his or
her parent, guardian or other adult person having custody, care or
control of such minor, or as otherwise set forth herein.
[1976 Code § 36-2]
It shall be unlawful for any parent, guardian or other adult person having custody, care or control of such minor under the age of 18 years to knowingly permit such minor to loiter, idle, wander, stroll, play or remain in or upon public streets, or other public or quasi-public places within the Township as described in subsection 3-8.1.
[1976 Code § 36-3]
If any minor under the age of 18 years shall be found to be
in violation of the provisions of this section, any Police Officer,
upon becoming aware of the violation, shall advise such minor under
the age of 18 years that he/she is in violation of this section and
shall further advise such minor to immediately remove himself/herself
from the premises wherein he/she was so found and to proceed to his/her
residence. If the minor under the age of 18 years refuses to obey
the order of the Police Officer, or if such minor has, on a prior
date, been advised of the terms of this section and is again in violation
of this section, the Police Officer shall thereupon apprehend such
minor and shall notify the parents, guardian or other person having
custody, care or control of such minor of such arrest and apprehension
and make such further inquiry or take such further action with respect
to such minor as the Police Officer deems necessary.
[1976 Code § 36-4]
The provisions of this section shall not be applicable to any
minor under the age of 18 years during the time necessarily required
for such minor to travel to his/her residence from the following places:
a.
A place of employment at which such minor is gainfully employed;
or
b.
A school or place of instruction at which such minor may be in bona
fide attendance; or
c.
A place at which a function may be held that shall be, or has been,
sponsored by a religious, school, fraternal or other civic group,
which function will, or has been, supervised by persons 21 years of
age or over; or
d.
A place at which a bona fide, supervised social meeting, gathering
or assemblage had taken place.
[1976 Code § 36-5]
Should an emergency arise necessitating a minor under the age
of 18 years to be dispatched upon an errand requiring his or her presence
in or upon a street or automobile, or in any public or quasi-public
place, as aforesaid, during the curfew hours herein established, he
or she shall have in his or her possession a note signed by a parent,
guardian or other person having custody, care or control of such minor
under the age of 18 years, stating the nature of the errand, the necessity
therefor, and place to which such minor is to go, the time such note
was issued, and the time required for such errand.
[1976 Code § 36-6]
If it shall be established that any minor under the age of 18
years remained idle, loitered, wandered, strolled or remained in or
upon any of the public or quasi-public places within the Township,
as above mentioned, in violation of the provisions of this section,
then it shall be presumed, in the absence of proof to the contrary,
that the parent, guardian or other person having the custody, care
or control of such minor, knowingly permitted such minor so to do.
[1976 Code § 36-7]
It shall be unlawful for any merchant, businessman or the proprietor
of any commercial establishment, or their agents, servants or employees,
to permit any minor under the age of 18 years to remain on the premises
under their control if that person, in good faith, knows or has reason
to know that the minor is under the age of 18 years and in violation
of this section.
[1976 Code § 36-9]
Notice of the existence of this section and of the curfew regulations
established by it shall be posted on or at such public or quasi-public
places as may be determined by the Chief of Police in order that the
public may be constantly informed of the existence of this section
and its regulations.
[1976 Code § 39-1; Ord. No. 89-24; Ord. No. 99-26 § I]
In accordance with and pursuant to the authority of N.J.S. 2C:35-7,
the drug-free school zone map[1] prepared May 11, 1998, revised August 1, 1999 by Edward
G. Broberg, Township Engineer, is hereby approved and adopted as an
official finding and record of the location and areas within the municipality
of property which is used for school purposes and which is owned by
or leased to any elementary or secondary school or School Board, and
of the areas on or within 1,000 feet of such school property.
[1]
Editor's Note: The map is on file in the office of the Township
Clerk.
[1976 Code § 39-2; Ord. No. 89-24]
The drug-free school zone map approved and adopted pursuant to subsection 3-9.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to an elementary or secondary school or School Board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[1976 Code § 39-3; Ord. No. 89-24]
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 obligations to promptly notify the Township Engineer
and the Township Attorney of any changes or contemplated changes in
the location and boundaries of any property owned or leased to any
elementary or secondary school or School Board and which is used for
school purposes.
[1976 Code § 39-4; Ord. No. 89-24]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-9.1, and to provide at a reasonable cost a true copy to any person, agency or court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.
[1976 Code § 39-5; Ord. No. 89-24]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-9.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State Law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the Township;
2.
The boundaries of the real property which is owned by or leased to
such schools or a School Board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.
All of the property depicted on the map approved and adopted herein
as school property was owned by (or leased to) a school or School
Board and was being used for school purposes as of July 9, 1987, that
being the effective date of N.J.S. 2C:35-7.
c.
Pursuant to the provisions of L. 1988. c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including uses of a map or diagram other than the one approved and adopted pursuant to subsection 3-9.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or School Board, or that such property is not used for school purposes.
d.
All of the requirements set forth in L. 1988, c. 44 concerning the
preparation, approval and adoption of a drug-free school zone map
have been complied with.
[Ord. No. 2007-23 § I]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean any litter which is not in an authorized location
and/or is deposited contrary to the provisions of this section.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
For purposes of this section, the term "litter" shall be interchangeable
with the term "solid waste."
[1976 Code § 51B-1; Ord. No. 90-24; Ord. No. 2007-23 § I]
a.
Responsibility; Coordinator. The Clean Communities Coordinator shall
be responsible for grant implementation for the application to be
filed by the Township of Holmdel for the Clean Communities Model Program
in the Office of Recycling, New Jersey Department of Environmental
Protection. The Recycling Coordinator shall serve as coordinator of
the program.
[1976 Code § 51B-2; Ord. No. 90-24; Ord. No. 2007-23 § I]
No person shall sweep, throw, deposit or dump litter in or on
any property, whether occupied, open or vacant and whether owned by
that person, or in a public place or pond, lake or stream or other
body of water within the Township, except in public receptacles or
in authorized private receptacles for collection.
[1976 Code § 51B-3; Ord. No. 90-24; Ord. No. 2007-23 § I]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in a manner which prevents the litter
from being carried or deposited by the elements upon a public place
or upon private property. No person shall throw, deposit or dump litter
in any private receptacle unless he/she is so authorized by the owner
or lessee of such receptacle.
[1976 Code § 51B-4; Ord. No. 90-24; Ord. No. 2007-23 § I]
The proprietors of any location set forth in subsection 3-10.2 above, or the sponsor of any event listed therein, shall be responsible for the providing and servicing of the receptacles in such number as would reasonably be required for the amount of litter to be generated by the person(s) expected to use or be on the site or at the event in question.
[1976 Code § 51B-5; Ord. No. 90-24; Ord. No. 2007-23 § I]
Open or overflowing commercial, industrial or residential waste
disposal bins are prohibited.
[1976 Code § 51B-6; Ord. No. 90-24; Ord. No. 2007-23 § I]
The covering of vehicles to prevent loads from dropping, sifting,
leaking or otherwise escaping is required.
[1976 Code § 51B-7; Ord. No. 90-24; Ord. No. 2007-23 § I]
[1976 Code § 51B-8; Ord. No. 90-24; Ord. No. 2007-23 § I]
The accumulation of debris on or around construction sites,
or its storage in such a manner that it is likely to be removed by
natural forces onto adjacent property is prohibited.
[Ord. No. 2007-23 § I]
Any evidence or information contained in or which is a part
of abandoned litter which identifies or otherwise establishes the
source of such litter, i.e., envelopes and/or other items with the
name and/or address of such person, will create a rebuttable presumption
that such person is the owner of such litter. Such establishing of
ownership shall likewise create a rebuttable presumption that such
person did throw, deposit and/or dump such litter at the place where
found. It is further presumed that all right or expectation of privacy
is relinquished in abandoned litter.
[Ord. No. 2007-23 § I]
A summons alleging a violation of this section may be issued
by the Holmdel Township Code Enforcement Officer or by the Holmdel
Township Police Department. Alternatively, any individual may file
a complaint with the Holmdel Township Municipal Court, which shall
issue a summons in accordance with the New Jersey Rules of Court.
[Ord. No. 2007-23 § I]
For violation of any provision of this section, the penalty shall be as set forth in Chapter 1, Section 1-5, General Penalty. Additionally, property owners and/or any persons who violate the terms of this section, will be subject to a penalty requiring such persons to clean up all areas where litter has been illegally swept, thrown, deposited or dumped.
[Ord. No. 98-27 § I; Ord. No. 2014-13; Ord.
No. 2016-12]
In accordance with and pursuant to the authority of P.L. 1997,
c. 327, the public property drug-free zone map "Revised July 5, 2016,"
produced by Edward G. Broberg, P.E., Township Engineer, is hereby
approved and adopted as an official finding and record of the location
and areas within the municipality of property which is used for public
purposes as specifically defined and regulated by the above referenced
statute, and of the areas on or within 500 feet of such public property.
(The map may be found on file in the Township Clerk's Office.)
[Ord. No. 98-27 § I]
The public property drug-free zone map approved and adopted pursuant to subsection 3-11.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of public property to which the statute cited in subsection 3-11.1 applies until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of public property and drug-free zones.
[Ord. No. 98-27 § I]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-11.1 of this section, and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may, from time to time, request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is 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 Monmouth County Prosecutor.
[Ord. No. 98-27 § I]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-11.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
b.
All of the property depicted on the map and approved and adopted
herein as public property qualifies as public property as defined
in P.L. 1997, c. 327.
c.
Pursuant to the provisions of P.L. 1997, c. 327, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-11.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which, in fact, qualifies as the type of public property defined in P.L. 1997, c. 327, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not public property as defined in that statute.
d.
All of the requirements set forth in P.L. 1997, c. 327, concerning
the preparation, approval and adoption of a public property drug-free
zone map have been complied with.
[Ord. No. 98-27 § I]
This section shall take effect upon final passage and publication
according to law.
[Ord. No. 2000-10 § 1]
In accordance with and pursuant to the authority of N.J.S. 2C:35-7,
the drunk driving free school zones map[1] produced on or about November 30, 1987 by Edward G. Broberg,
Township Engineer, is hereby approved and adopted as an official finding
and record of the location and areas within the municipality of property
which is used for school purposes and which is owned by or leased
to any elementary or secondary school or School Board, and of the
areas on or within 1,000 feet of such school property.
[1]
Editor's Note: The map referred to herein may be found as
an attachment to this chapter
[Ord. No. 2000-10 § 2]
The drunk driving free school zones map approved and adopted pursuant to subsection 3-12.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to an elementary or secondary school or School Board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drunk driving free school zones.
[Ord. No. 2000-10 § 3]
The drunk driving free school zones map approved and adopted pursuant to subsection 3-12.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drunk driving free school zones.
[Ord. No. 2000-10 § 4]
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 office of the
Township Engineer and the Township Attorney of any changes or contemplated
changes in the location and boundaries of any property owned by or
leased to any elementary or secondary school or School Board and which
is used for school purposes.
[Ord. No. 2000-10 § 5]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-12.1 of this section and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the Monmouth County Clerk and to the office of the Monmouth County Prosecutor.
[Ord. No. 2000-10 § 1]
The following additional matters are hereby determined, declared,
recited and stated:
It is understood that the map approved and adopted pursuant
to this section was prepared and is intended to be used as evidence
in prosecutions arising under the criminal and traffic laws of this
State and that, pursuant to State law, such map shall constitute prima
facie evidence of the following:
a.
The location of elementary and secondary schools within the municipality.
b.
The boundaries of the real property which is owned by or leased to
such schools or a School Board.
c.
That such school property is and continues to be used for school
purposes.
d.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
[Ord. No. 2000-25 § I]
The purpose of this section is to provide for the enforcement
of P.L. 2000 c. 33.
[Ord. No. 2000-25 § I]
As used in this section:
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[Ord. No. 2000-25 § I]
Any person under the legal age to purchase alcoholic beverages
who knowingly possesses without legal authority or who knowingly consumes
any alcoholic beverage on private property shall be punished by a
fine of $250 for a first offense and $350 for any subsequent offense.
The Court may, in addition to the fine authorized for this offense,
suspend or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the Court shall forward a report
to the Division of Motor Vehicles stating the first and last day of
the suspension or postponement period imposed by the Court pursuant
to this section. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Division along with the
report. If for any reason the license cannot be collected, the Court
shall include in the report the complete name, address, date of birth,
eye color, and sex of the person, as well as the first and last date
of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
The Court shall, of any person convicted under this section
who is not a New Jersey resident, suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit to the Division the required report. The Court
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the Court, the Division shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
This section does not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
This section does not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocation
school or post secondary educational institution; however, no ordinance
enacted pursuant to this section shall be construed to preclude the
imposition of a penalty under this section, N.J.S.A. 33:1-81, or any
other section of law against a person who is convicted of unlawful
alcoholic beverage activity on or at premises licensed for the sale
of alcoholic beverages.
[1976 Code § 42-1; Ord. No. 85-2; Ord. No. 2018-10]
No person shall discharge a gun, weapon or any firearm within
the Township except as set forth hereinafter. For purposes of this
section, weapon shall be defined to include, but not be limited to,
bow and arrow, cross bows, air driven weapons, sling shots, and similar
devices.
[1976 Code § 42-2]
Subsection 3-14.1 shall not be applicable to:
a.
The discharge of any gun, weapon or firearm upon a pistol, rifle
or firearm range which is under the supervision of the Township Police
Department.
b.
Members of the Township Police Department, any law enforcement officer
of any municipal, county, State or Federal government or any representative
of the Division of Fish, Game and Shellfisheries, Department of Environmental
Protection, State of New Jersey, while in the performance of their
official duties.
c.
The owner, tenant or lessee of a tract of land in excess of five
acres while in and upon that tract.
d.
The owner, tenant or lessee, or a person with their express written,
dated permission, when controlling woodchuck or other pests, as legally
defined, authorized and allowed by the Hunting Regulations promulgated
annually by the Division of Fish, Game and Shellfisheries, Department
of Environmental Protection, State of New Jersey.
[1976 Code § 42-3; Ord. No. 85-2]
The prohibited areas affected by this section are intended to
be supplemental to those areas described in N.J.S. 23:4-16, as amended,
which reads as follows:
"N.J.S. 23:4-16: No person either in an automobile or vehicle
of any kind whatsoever, or by the aid or use of a light carried on
or attached to a vehicle of any kind, shall hunt for, pursue, shoot
at, kill, capture, injure or destroy a bird or animal in this State,
and no person shall use any portable light or lights for the purpose
of hunting for any game bird or animal excepting raccoon, and no person
shall, for the purpose of hunting, taking or killing any bird or animal,
cast an arrow or discharge any firearm upon or across any State, county,
or municipal road or highway, and no person, except the owner or lessee
of the property and persons specifically authorized by him in writing,
shall, for the purpose of hunting, taking or killing any bird or animal,
have in his possession a loaded gun while within 450 feet of any occupied
dwelling in this State or of a school playground, under a penalty
of $50 for each offense."
[1976 Code § 42-4]
On or before September 1 of each year, the Township Administrator
shall arrange for the posting of appropriate signs on all major roads
which provide access to this Township advising the general public
that there are zones within the Township of Holmdel where firearms
shall not be discharged. The signs shall also indicate that it shall
be necessary for any persons desiring to discharge firearms or to
hunt in this Township to obtain a copy of this section at the Holmdel
Police Headquarters. In addition, the Township Administrator shall
prepare and arrange for distribution of copies of this section in
any other appropriate manner so that any person desiring to discharge
firearms or hunt in this Township shall be made aware of this section
and the State Statute which it supplements. Copies of this section
shall be made available free of charge.
[1976 Code § 42-5; Ord. No. 85-2]
Each and every person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Notwithstanding the foregoing, should any person violate a provision of this section which incorporates or refers to the provisions of N.J.S. 23:4-1 et seq., then, upon conviction, he shall be subject to the fine(s) stated therein.
[Ord. No. 2005-23 § I]
It shall be unlawful for any person subject to the registration requirements set forth in N.J.S.A. 2C:7-1 et seq. (hereafter "sex offender"), to reside within 1,000 feet of any public or private primary and/or secondary school or educational facility, park, playground or childcare facility (hereafter "prohibited area") within the Township as delineated on the then approved Township of Holmdel's Drug Free Park Zone/Drug Free School Zone Map, pursuant to subsection 3-9.1.
[Ord. No. 2005-23 § I]
A sex offender who resides within any prohibited area established
pursuant to the provisions of this section shall have 60 days from
the effective date of this section[1], or upon the termination of any residential lease entered
into prior to the effective date of this section and the term of which
is not longer than one year, whichever is later, to relocate outside
the prohibited area. Failure to move to a location which is in compliance
with this section within the prescribed time period shall constitute
a violation of this section.
[1]
Editor's Note: Ordinance No. 2005-23, codified herein, was
adopted July 25, 2005.
[Ord. No. 2005-23 § I]
The provisions of this section shall not apply to any sex offender
who has purchased property to be used as his/her primary residence
which is located within the prohibited area prior to the effective
date of this section.[1]
[1]
Editor's Note: Ordinance No. 2005-23, codified herein, was
adopted July 25, 2005.
[Ord. No. 2005-23 § I; Ord. No. 2006-07 § IV]
[Added 6-14-2022 by Ord.
No. 2022-21]
a.
It has become identified that various private entities are utilizing
armed security officers to provide security services to both quasi-public
and private facilities within the Township, including at-large facilities
containing significant indoor square footages.
b.
The primary intent of this section is to prevent an accidental shooting
situation involving an armed security officer and members of the Holmdel
Township Police Department.
c.
This section is also intended to provide an opportunity for the Holmdel
Township Police Department to work with facilities that are utilizing
armed security officers and coordinate on security for such locations.
d.
This section is intended to be applied consistent with all provisions
of state law governing armed security officers, including, but not
limited to, the Private Detective Act, N.J.S.A. 45:19-8, and the Security
Officer Registration Act, N.J.S.A. 45:19A-1 et seq., and the regulations
promulgated thereto at N.J.A.C. 13:55A-1.1 et seq.
[Added 6-14-2022 by Ord.
No. 2022-21]
As used in this section, the following terms shall have the
meanings indicated:
Any person that serves as a security officer at a specified
location within the Township of Holmdel and who carries a firearm
in the performance of his or her duties as a security officer.
Shall mean any portion of any building to which an armed
security officer performs security services, as well as all exterior
grounds within the custody or control of the owner or operator of
said building.
[Added 6-14-2022 by Ord.
No. 2022-21]
a.
No armed security officer shall perform security services at any
facility within the Township without obtaining an armed security officer
identification card from the Holmdel Township Police Department.
b.
To apply for an armed security officer identification card, an armed
security officer shall submit the following information to the Holmdel
Township Police Department:
1.
License Requirement. The armed security officer shall provide one
of the following to the satisfaction of the Holmdel Township Police
Department:
(a)
Licensed private investigators shall furnish a copy of a valid
private investigator's license.
(b)
Security officers shall furnish a copy of an identification
card issued by the Superintendent of the New Jersey State Police.
(c)
Law enforcement officers shall furnish a copy of their agency
issued identifications in addition to written documentation from their
Chief/Director Prosecutor specifically stating that the officer has
been granted authorization to accept private security employment,
while armed, within the Township of Holmdel.
2.
Duties. The armed security officer shall provide the following information
to the Holmdel Township Police Department with respect to security
services that are intended to be performed:
3.
Upon receipt of the foregoing information, the Township shall issue
an armed security officer identification card, which shall be valid
for one year from the date of issuance.
4.
Any renewal of the armed security officer identification card shall
follow the same process set forth in this section for obtaining a
new armed security officer identification card, unless otherwise directed
by the Chief of Police.
[Added 6-14-2022 by Ord.
No. 2022-21]
a.
No entity or person shall own, control, or operate a facility within
the Township of Holmdel that utilizes, hires, contracts for, or obtains
services from an armed security officer without completing an armed
security facility registration.
b.
To obtain an armed security facility registration, an entity or person
shall submit the following information to the Holmdel Township Police
Department:
1.
Description and information about the facility at which armed security
officer services will be utilized.
2.
Detail the purposes for which armed security services will be utilized.
3.
Provide a roster of all individuals that may serve as armed security
officers.
4.
Provide an individual point of contact for the Township to contact
the facility with respect to issues involving armed security officers.
c.
After submitting the above information, the Chief or his designee
shall hold a meeting with the facility's individual point of
contact and all other relevant individuals to discuss the use of armed
security officers from the facility and any other relevant considerations.
d.
Upon satisfaction of the foregoing requirements and the payment of
a $25 fee, the Township shall issue an armed security facility registration.
e.
An armed security facility registration shall be valid for one year
from the date of issuance. Any renewal of the armed security facility
registration shall follow the same process set forth in this section
for obtaining a new armed security facility registration, unless otherwise
directed by the Chief of Police.
[Added 6-14-2022 by Ord.
No. 2022-21]
No armed security officer shall perform security services at
any facility within the Township unless the armed security officer
is wearing an identifiable patch or similar item identifying that
the individual is an armed security officer. The Chief of Police may
issue additional guidance delineating the nature of the identifiable
patch or similar item that satisfies the provisions of this section.
[Added 6-14-2022 by Ord.
No. 2022-21]
[Added 12-13-2022 by Ord.
No. 2022-31]
The purpose of this section is to protect the health, safety,
and welfare of the residents of Holmdel by establishing certain provisions
that are intended to protect the security of motor vehicles in the
Township from activities related to theft.
[Added 12-13-2022 by Ord.
No. 2022-31]
a.
It shall be illegal for a person to enter or remain on any driveway,
paved surface, or location within 20 feet of a stationary motor vehicle,
knowing that he or she is not licensed or privileged to be enter or
remain in said location, and commits any of the following acts:
1.
Peers into a window of a motor vehicle that the person does not own
or have license or privilege to possess;
2.
Pulls a door handle or takes an action in an attempt to open or unlock
a motor vehicle that the person does not own or have license or privilege
to possess; or
3.
Possesses an electronic device that is capable of determining if
an electronic key is located inside a motor vehicle.
[Added 12-13-2022 by Ord.
No. 2022-31]
a.
Any person violating the provisions of this section shall, upon conviction
thereof, punishable by a fine of not more than $2,000 or by imprisonment
for a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the judge. Notwithstanding the foregoing, the
minimum penalty shall be a fine of $1,000 for the first offense and
$2,000 for each second or subsequent offense.
b.
Each act that constitutes a violation of this section shall be considered
a separate and distinct act that constitutes its own violation.
[1976 Code § 49-1; Ord. No. 27-81]
It shall be unlawful for any person to jog on any public street,
driveway, alley or shoulder in the Township except in accordance with
the following regulations:
a.
All joggers shall run in the direction facing traffic.
b.
All joggers shall run on sidewalks where they are provided.
c.
All joggers running during hours of darkness must wear reflective
material between the waist and shoulders on their front and back which
gives an indication of the jogger's presence through reflected light
from the headlamp beams of motor vehicles at a distance of at least
500 feet.
d.
All joggers shall run in single file and not side by side or abreast
of each other.
[1976 Code § 49-2; Ord. No. 27-81]
As used in this section:
Shall mean any time from 1/2 hour after sunset to 1/2 hour
before sunrise and at any other time when there is not sufficient
light to render clearly discernible persons on the highway at a distance
of 500 feet ahead.
Shall mean running of any kind and at all speeds.
[1976 Code § 49-3; Ord. No. 27-81]
This section shall not be construed to permit jogging where
prohibited by any law of the State of New Jersey.
[1976 Code § 56-1]
No person shall, within the limits of the Township, appear on
any street, park or other public place in a state of nudity or make
any indecent exposure of his or her person or commit or do any lewd
or indecent act or behave in a lewd or indecent manner.
[1976 Code § 56-2]
No person shall, within the limits of the Township, bathe, swim
or be found in a state of nudity in the waters of any pond, stream
or lake located therein.
[1976 Code § 56-3]
No person shall, within the limits of the Township, disrobe
in any automobile, truck or vehicle while the same is upon any parking
place, street, park or other public place.
[1976 Code § 56-4]
No person shall, within the limits of the Township, sell or
offer to sell any indecent or lewd picture, book or thing, or exhibit
or perform any indecent, immoral or lewd play or other representation.
[1976 Code § 56-5]
No person shall, within the limits of the Township, keep or
maintain a disorderly house or a house of ill fame, or allow or permit
any house, shop, store or other building or structure owned or occupied
by him or her to be used as a disorderly house or house of ill fame.
[1976 Code § 56-6]
No person shall, within the limits of the Township, permit any
house, shop, store or other building or structure owned or occupied
by him or her to be frequented or resorted to by noisy, riotous or
disorderly persons or by prostitutes, gamblers or vagrants.
[1976 Code § 56-11; Ord. No. 2005-05 § I]
No person shall, within the limits of the Township, go about
from door to door or place himself or herself in any street or streets
or other public place or places to beg or gather alms, except upon
obtaining a written permit from the Police Department.
[1]
Editor's Note: Ordinance No. 2005-05 deleted former subsections
3-21.7, Loitering, Land and Offensive Language; Obstructing Passage;
3-21.9, False Alarms; 3-21.14, Disturbing the Quiet of Public Library
Reading Rooms; 3-21.18, Assaulting, Brawling, Disturbances, Rioting;
3-21.19, Fireworks and Firearms and 3-21.27, Riotous Conduct, Breaches
of the Peace, Vagrancy, Prostitution Prohibited and renumbered the
remaining subsections accordingly.
[1976 Code § 56-13; Ord. No. 2005-05 § I; amended 9-10-2019 by Ord. No. 2019-14]
No person shall in any way injure, destroy, break, mutilate,
deface, damage or tamper with any traffic control device, utility
fixture, streetlight, pole, fire hydrant, guard rail, bridge, bridge
support, fence, barrier, mailbox, property or any part thereof in
any street, sidewalk, easement, path, park or other public place within
the limits of the Township. Any act resulting in the interrupted passage
of pedestrians or any means of conveyance shall also be prohibited.
[1976 Code § 56-14; Ord. No. 2005-05 § I)
No person shall, within the limits of the Township, deal, play
or engage in faro, roulette or other games of chance, either as banker,
player, dealer or otherwise, for the purpose of gaming or gambling
for money or other valuable thing.
[1976 Code § 56-15; Ord. No. 2005-05 § I]
No person shall, within the limits of the Township and without
lawful authority, have concealed upon his or her person any offensive
or dangerous weapon.
[1976 Code § 56-16; Ord. No. 2005-05 § I]
No person shall, within the limits of the Township, enter the
building or go upon the lands of any public school and break, injure
or deface such building or any part thereof or the fences, structures
or outhouses belonging to or connected with such building or lands,
and no person shall disturb the exercises of any public school or
molest or give annoyance to the children attending such school, or
annoy any teacher therein.
[1976 Code § 56-19; Ord. No. 2005-05 § I]
No person shall, within the limits of the Township, hinder or
obstruct any Township Officer in the performance of his duties; nor
shall any person knowingly resist or oppose any officer or person
authorized by law in serving or attempting to serve any writ, bill,
order or process or when making any arrest, either with or without
a warrant.
[1976 Code § 56-20; Ord. No. 2005-05 § I]
No person shall, within the limits of the Township, intentionally,
willfully or maliciously destroy or injure any of the wires, posts,
machines, bells, sirens, boxes, locks or other apparatus of any fire
or police alarm system; nor shall any person intentionally, willfully
or maliciously interfere with the same or any part thereof with intent
to create a false alarm or obstruct the efficient operation of the
same or any part thereof, or hinder or impede any of the operations
intended to be accomplished thereby; nor shall any person intentionally,
willfully or maliciously cause a false alarm of fire to be given in
any manner.
[1976 Code § 56-21; Ord. No. 2005-05 § I]
No person shall, within the limits of the Township, during an
alarm of fire, hinder, prevent or deter by any device whatsoever any
fireman, police officer or other person from rendering lawful assistance
in abating or quelling such fire, or hinder or interfere with any
fireman or police officer from going to or returning from the place
where any building or other property is on fire or from which an alarm
proceeds; nor shall any person hinder or obstruct the passage of any
fire engine, hook or ladder truck, hose cart or any fire apparatus
in going to or from the place from which an alarm of fire proceeds
or where any building or other property may be burning.
[1]
Editor's Note: Former § 3-21.15, Destruction of
Poles and Streetlights, 1976 Code § 56-24; Ord. No. 2005-05
§ I, was repealed 9-10-2019 by Ord. No. 2019-14.
[1976 Code § 56-25; Ord. No. 2005-05 § I]
No person shall paste, write, clip, paint, print, nail, clamp
or otherwise fasten, inscribe or affix any notice, placard or advertisement
against or upon any way, gate, house, store, shop, shed, fence, rock,
stump, tree, shrub, bush, building or structure without the written
consent of the owner or occupant of the same, except when done by
a Public Officer in the performance of his/her duties.
[1976 Code § 56-26; Ord. No. 2005-05 § I]
No person shall paste, clip, paint, nail, clamp or otherwise
fasten, inscribe or affix any notice, placard or advertisement upon
any public building, sidewalk, fence, curbstone, wall, bulletin board,
park or other public property or place within the limits of the Township
except with the permission of the Police Department.
[1976 Code § 56-27; Ord. No. 2005-05 § I]
No person shall open, injure, destroy, deface, mutilate, break
or tamper with any fire hydrant in any public street or public place
within the limits of the Township, except members of the Township
Fire Department actually engaged in the performance of their duties.
[1976 Code § 56-28; Ord. No. 2005-05 § I)
No person shall, within the limits of the Township, travel on
any autobus or taxicab without having paid his or her fare, with intent
to avoid payment thereof.
[1976 Code § 56-29; Ord. No. 90-9; Ord. No. 2005-05 § I]
No person shall dump on or tow to open fields or private property
any abandoned automobile or vehicle, or part thereof, or other junk
or refuse or waste matter.
[1976 Code § 56-30; Ord. No. 2005-05 § I]
No person shall obtain food, lodging or other accommodations
or service at any hotel, inn, boarding or eating house or restaurant
with intent to defraud the owner or keeper thereof.
[1976 Code § 56-33; Ord. No. 2005-05 § I]
All fines imposed and collected under and by virtue of this
section shall be paid into the Treasury of the Township.
[Ord. No. 2005-17 § I]
No person shall, within the limits of the Township, obstruct
or interfere with any person lawfully conducting themselves. No person
shall participate in any disorderly assemblage, nor shall any person
in any way breach or disturb the peace.
[Ord. No. 2007-22 § I]
Public urination and/or defecation in or in view of a public
place is prohibited. For purpose of this subsection only, a "public
place" is defined as a location where the prohibited conduct may reasonably
be expected to be viewed or could be viewed by others.
[Ord. No. 2012-07]
No person shall purposely interfere with, hinder, disturb, or
obstruct any retail or wholesale business operation, function or activity,
nor shall any person purposely interfere with, hinder, disturb, or
obstruct any retail or wholesale business owner, employee, agent,
or personnel acting in the furtherance of the interests of that business
with the intent to prevent, undermine or otherwise obstruct the lawful
retail or wholesale practices of that business. This section does
not apply to conduct considered lawful competitive economic practices.
[Ord. No. 2000-06 § I; Ord. No. 2002-06 § I]
The purpose of this section is to implement the authority given to local governing bodies by N.J.S.A. 39:4-10.10a. It is the finding of the Township Committee that in order to protect the safety of the public, it is necessary to prohibit the use of skateboards, roller skates and roller blades in the locations identified in subsection 3-22.4. This section is not intended to affect the rights of any other entity or person, private or public, to control and regulate the use of skateboards, roller skates and roller blades on his/her/its property. The use of motorized skateboards is regulated by Section 3-3.
[Ord. No. 2000-06 § 1]
The following terms used in this section shall have the following
meanings:
Shall mean a device as described in the definition "Skateboards"
below, but with the addition of a motor to propel or assist in propelling
the user.
Shall mean a pair of devices worn on the feet with a set
of wheels attached, regardless of the number or placement of those
wheels, and used to glide or propel the user over the ground. Devices
commonly known as "roller blades" are intended to be included within
this definition.
Shall mean a device made of rigid material designed primarily
to be stood upon, with a set of wheels attached, regardless of the
number or placement of those wheels and used to glide or propel the
user over the ground.
[Ord. No. 2000-06 § I; Ord. No. 2002-06 § I]
No person shall engage in any activity utilizing motorized skateboards on any public street, sidewalk, bicycle path, conservation easement, open spaces, park or any other public lands within the Township. Operation of motorized skateboards on private property is regulated by Section 3-3.
[Ord. No. 2000-06 § I]
On the following properties, no person shall engage in any activity
utilizing skateboards, roller skates or roller blades:
Bayshore Community Hospital.
Bayshore Health Care Center.
Holmdel Plaza.
Holmdel Towne Center.
[Ord. No. 2000-06 § I; Ord. No. 2002-06 § I]
No person under the age of 14 years shall operate or ride upon
a skateboard, roller skates or roller blades unless that person is
wearing on his/her head a properly fitted and fastened bicycle helmet
which meets the standards of the American National Standards Institute
(ANSI Z90.4 bicycle helmet standard) or the Snell Memorial Foundation's
1990 Standard for Protective Headgear for Use in Bicycling.
[1]
Editor's Note: Former subsection 3-22.6, Notification of Parent,
Guardian, Adult, previously codified herein and containing portions
of Ordinance No. 2000-06, was repealed in its entirety by Ordinance
No. 2002-06.
[Ord. No. 2000-06 § I]
Every person convicted of any provision of this section shall
be liable upon conviction to a fine of not more than $100 or for a
sentence of community service of not more than 30 days.
[Ord. No. 2003-12 § I]
The following regulations shall apply to political signs as
hereinafter defined.
[Ord. No. 2003-12 § I]
The words "political signs" shall mean any sign (as defined in Section 30-3) pertaining to (1) the election or re-election of Federal, State, County or local candidates for elective office or (2) the passage of a public question or proposition to be voted upon by the legal voters in an upcoming election.
[Ord. No. 2003-12 § I]
a.
No political sign(s) shall be erected, placed, located or maintained
on any of the following Township owned property:
|
Location
|
Block
|
Lot
| |
|---|---|---|---|
|
1.
|
Municipal Building
|
27
|
10
|
|
2.
|
Community Center
|
27
|
10
|
|
3.
|
First Aid Building - Crawfords Corner Road
|
26
|
1
|
|
4.
|
Department of Public Works Building
|
26
|
2
|
|
26
|
2.01
| ||
|
5.
|
Emergency Services Building - Centerville Road
|
50.30
|
74.35
|
|
6.
|
Cross Farm Park
|
3
|
9
|
|
3
|
10
| ||
|
3
|
15
| ||
|
5
|
3
| ||
|
7.
|
Phillips Park
|
47
|
1.01
|
|
8.
|
Veterans Park
|
47
|
1
|
|
9.
|
Allocco Park
|
52
|
36.02
|
|
52
|
36.03
| ||
|
10.
|
Labbe Park
|
50.32
|
86.03
|
|
11.
|
Bayonet Farm
|
9
|
15.01
|
|
10
|
14.03
| ||
|
12.
|
DePalma Farm
|
50.19
|
48.01
|
|
50.27
|
48
| ||
|
50.27
|
49
| ||
|
50.27
|
51
| ||
|
13.
|
Mahoras Greenway Nature Area
|
51
|
6
|
|
51
|
7
| ||
|
14.
|
Seven Oaks Open Space (Crawfords Corner Road)
|
22
|
20.06
|
b.
No political sign(s) shall be erected, placed, located or maintained
on any property without the permission of the person(s) or entity/entities
who/which own or have legal control over the property upon which the
political sign(s) is/are to be erected, placed, located or maintained.
c.
No political sign(s) shall be erected, placed or maintained more
than 60 days prior to the election to which it pertains, and shall
be removed not later than seven days after the election to which it
pertains.
[Ord. No. 2004-04 § I]
The purpose of this section is to implement the authority given
to local governing bodies by the provisions of "John's Law" (N.J.S.A.
39:4-50.22 et seq.) (the "Act") which requires the law enforcement
agency to notify persons who accompany a drunk driver from the premises
that they can be held criminally or civilly liable if they permit
the drunk driver to operate a motor vehicle, and authorizes the law
enforcement agency to impound the vehicle. The legislation authorizes
a municipality to enact an ordinance providing that a person who has
been arrested for driving under the influence pursuant to N.J.S.A.
39:4-50 shall be held in protective custody at an appropriate police
or other facility. All the provisions of the Act are hereby incorporated
into and are deemed to be a part hereof.
[Ord. No. 2004-04 § I]
Any person who is arrested for a violation of the provisions
of N.J.S.A. 39:4-50 may be held in protective custody at an appropriate
police or other facility until the person's blood alcohol concentration
is less than 0.05% and the person is no longer under the influence
of any intoxicating liquor or narcotic or hallucinogenic or habit
forming drug to the extent that the person's faculties are impaired.
In no event shall the municipality's law enforcement agency hold a
person in protective custody for a period longer than eight hours
without providing an appropriate hearing.
[Ord. No. 2004-04 § I]
Notwithstanding the provisions of this section, provided that
it is not a detriment to the public safety, the arresting law enforcement
agency may, because of the age, health, or safety of the arrested
person, release the person pursuant to the provisions of N.J.S.A.
39:5-50.22 et seq. or provide an appropriate alternative to protective
custody. The municipality and its law enforcement agency shall not
be subject to liability if a person is released from custody pursuant
to the provisions of this section under the Act.
[Ord. No. 2004-04 § I]
Nothing in this section shall be constructed as requiring the
use of State Police facilities by the municipality for purposes of
this section.
[Ord. No. 2012-08]
It shall be unlawful for a person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which does or is likely to annoy, disturb, injure or endanger
the comfort, repose, health, peace or safety of others. Specifically
exempted hereunder is noise presumed not to be a nuisance pursuant
to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[Ord. No. 2012-08]
Without intending to limit the generality of subsection 3-25.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
a.
The playing, use or operation of any radio receiving set, television,
musical instrument, musical device or other machine or device that
produces or reproduces sound in such manner as to disturb the peace,
quiet and comfort of neighboring inhabitants or with louder volume
than is necessary for convenient hearing for persons who are in the
room, vehicle or chamber in which the machine or device is operated
and who are voluntary listeners. The operation of such a set, instrument,
phonograph, machine or device so that it is clearly audible at a distance
of 100 feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this section.
b.
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, which annoys or disturbs the quiet, comfort or
repose of persons in any office, dwelling, hotel, motel or other type
of residence or of any persons in the vicinity.
c.
The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 5, Animal Control, of this revision.
d.
The sounding of a horn or warning device on an automobile, motorcycle,
bus or other vehicle except when required by law, or when necessary
to give timely warning of the approach of the vehicle, or as a warning
of impending danger to persons driving other vehicles or to persons
on the street. No person shall sound a horn or warning device on an
automobile, motorcycle, bus or other vehicle which emits an unreasonably
loud or harsh sound, or for an unnecessary or unreasonable period
of time.
[Ord. No. 2012-08]
Section 1-5 hereof, General Penalty, shall apply.
[Ord. No. 2014-10]
As used in this section, "major place of amusement", shall mean
any place where any facilities for entertainment, amusement or sports
are provided at which admission charges are regularly paid and which
contains fixed seats or bleacher capacity of not less than 4,000 patrons.
[Ord. No. 2014-10]
No person or entity shall engage in or allow or permit others
to engage in any activity in the parking area of a major place of
amusement other than:
[Added 2-23-2021 by Ord.
No. 2021-03]
a.
It is hereby found and declared that it will be the public policy
of the Township of Holmdel to take action when feasible to reduce
the effects of certain products utilized, placed, or released with
the environment in order to protect the health and safety of the general
public.
b.
This section is adopted in order to protect the environment, particularly
the wildlife, and the health, safety and well-being of persons and
property by prohibiting the release of helium balloons into the atmosphere,
including latex and mylar, as it has been determined that the release
of balloons inflated with lighter-than-air gases poses a danger and
nuisance to the environment, particularly to wildlife and marine animals
so as to constitute a public nuisance and may pose a threat to the
safety of its inhabitants and their property.
[Added 2-23-2021 by Ord.
No. 2021-03]
It shall be unlawful for any person, firm or corporation to
intentionally release, organize the release, or intentionally cause
to be released balloons inflated with helium or any other gas that
is lighter than air within the Township of Holmdel limits, except
for:
[Added 2-23-2021 by Ord.
No. 2021-03]
Any person found in violation is guilty of an ordinance violation
punishable by a fine not to exceed the sum of $500.
