[Ord. #750, AI]
a.
The making, creation or maintenance of excessive unnecessary, unnatural
or unusually loud noises constitutes a detriment to public health,
comfort, safety and welfare of the residents of the Borough.
b.
The necessity in the public interest for the provisions, regulations
and prohibitions contained in this section, is declared as a matter
of legislative determination and public policy; and it is further
declared that the provisions, regulations and prohibitions hereinafter
contained are in pursuance of and for the purpose of securing and
promoting the public health, safety and welfare and the peace and
quiet of the Borough and its inhabitants.
[Ord. #750, AI]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
sound or any noises or sounds which either annoy, disturb, injure
or endanger the comfort, repose, health, peace or safety of others
within the limits of the Borough.
[Ord. #750, AI]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises or sounds in violation of this section, but
the enumeration shall not be deemed to be exclusive:
a.
Horns, Signaling Devices, Music Players, Loud Speaker Systems, etc.
The sounding of any horn, music player, loud speaker system or signaling
device on any automobile, motorcycle, street car or other vehicle
on any street or public place of the Borough, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for an unnecessary
and unreasonable period of time between the hours of 10:00 p.m. and
8:00 a.m.
b.
Radios, Phonographs, etc. The using, operating or permitting to be
played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants, or at any time with louder volume
than is necessary for convenient hearing for the person or persons
who are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto.
c.
Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or
singing on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office, or in any dwelling
or other type of residence, or of any persons in the vicinity.
d.
Animals, Birds, etc. The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of any persons in the vicinity.
e.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
f.
Loading, Unloading, Opening Boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
g.
Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
h.
Blowers. The operation of any noise-creating blower or power fan
or any internal-combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noise.
[Ord. #750, AI; New]
[Ord. #750, AI]
It shall be the duty and responsibility of the Police Department
to enforce the provisions of this section.
[Ord. #750, AI]
A violation of this section shall be cause for summons and complaint
to be issued forthwith; provided, however, that if the noise source
is not a motor vehicle moving on a public right-of-way, in lieu of
a summons and complaint, enforcement personnel may issue a twenty-four-hour
notice, in writing which may be served personally or by certified
mail to the last known address of the person or persons in charge
of or in control of the device, building, or premises to abate the
violation of this section. Failure to comply with the order so issued
and served shall constitute a violation of this section.
[Ord. #750, AII]
As used in this section:
Shall mean any facility or property used primarily for the
dispatching, garaging, servicing, maintaining, selling or leasing
of any truck registered at a gross weight in excess of 6,000 pounds,
omnibus, tractor, trailer, semitrailer, pole trailer or any vehicle
registered in this State engaged in interstate commerce which is now
or hereafter subject to regulation and license by the Interstate Commerce
Commission and/or the Bureau of Motor Carrier Safety of the Federal
Highway Administration.
Shall mean any facility or property used for the purchase
or utilization of goods, services or land or its facilities, including
but not limited to:
Shall mean a sound that is measured by slow response setting
of a sound level meter.
Shall mean the measured sound level expressed in dB when
using the "A" weighted network of a sound level meter.
Shall mean a unit for measuring the volume of a sound, equal
to the logarithm of the ratio of the sound pressure of the sound to
the sound pressure of a standard sound (0.0002 microbar); abbreviated
"dB".
Shall mean emergency safety devices expressly used to release
excess energy which do not have regularly scheduled operation. Process
control devices are not to be considered emergency devices.
Shall mean the number of oscillations per second, expressed
in hertz; abbreviated Hz.
Shall mean International Electrotechnic Commission.
Shall mean either a single pressure peak or a single burst
(multiple pressure peaks) for a duration of less than one second.
Shall mean the maximum instantaneous sound pressure level
measured by an impulse sound level meter meeting International Electrotechnic
Commission Publication 179 or the latest revision thereof.
Shall mean any facility or property used for the following:
Storage, warehouse or distribution, provided that said operation
shall not be construed to be an industrial operation when it is part
of a commercial motor vehicle operation as defined herein.
Property used for the production and fabrication of durable
and nondurable man-made goods.
Activities carried out on the property.
Shall mean the sound pressure level measured in standard
octave bands with sound level meter and octave band analyzer that
meet American National Standards Institute S 1.4 and S 1.11 or the
latest revision thereof.
Shall mean any individual, public or private corporation,
political subdivision, governmental agency, department or bureau of
the State, Municipality, industry, copartnership or association.
Shall mean property used for human habitation, including
but not limited to the following:
Shall mean the measured level of a sound, expressed in dB
re 0.0002 microbar, obtained using a sound level meter. Sound levels
include all factors inherent in measuring with a sound level meter
including microphone frequency response, amplifier characteristics,
meter damping, observer effects and weighting networks.
Shall mean the sound pressure level, in decibels, or a sound
is 20 times the logarithm to the base 10 of the ratio of the pressure
of the sound to the reference sound pressure. Sound pressure level
is measured with a sound level meter meeting ANSI S 1.4, or the latest
revision thereof.
Shall mean any device, excluding those attached to motor
vehicles, used to alert persons engaged in emergency operations. These
include but are not limited to fire fighters, first-aid squad members
and law enforcement officers, whether paid or volunteer.
[Ord. #750, AII]
a.
A person shall not cause, suffer, allow or permit sound from any
industrial, amusement, or commercial operation which when measured
at any residential property line is in excess of any of the following:
1.
From 8:00 a.m. to 10:00 p.m.
(a)
Continuous airborne sound which has a sound level in excess
of 65 DBA.
(b)
Continuous airborne sound which has an octave band sound pressure
level in decibels which exceeds the values listed below in one or
more octave bands:
|
OctaveBand Center Frequency (H2)
|
Octave Band Sound Pressure Level (dB)
|
|---|---|
|
31.5
|
96
|
|
63
|
82
|
|
125
|
74
|
|
250
|
67
|
|
500
|
63
|
|
1,000
|
60
|
|
2,000
|
57
|
|
4,000
|
55
|
|
8,000
|
53
|
(c)
Impulsive sound in air which has an impulsive sound level in
excess of 80 decibels.
2.
From 10:00 p.m. to 8:00 a.m.
(a)
Continuous airborne sound which has a sound level in excess
of 50 dBA.
(b)
Continuous airborne sound which has an octave band sound pressure
level in decibels which exceeds the values listed below in one or
more octave bands:
|
Octave Band Center Frequency (H2)
|
Octave Band Sound Pressure Level (dB)
|
|---|---|
|
31.5
|
86
|
|
63
|
71
|
|
125
|
61
|
|
250
|
53
|
|
500
|
48
|
|
1,000
|
45
|
|
2,000
|
42
|
|
4,000
|
40
|
|
8,000
|
38
|
(c)
Impulsive sound in air which has an impulsive sound level in
excess of 80 decibels.
[Ord. #750, AII]
a.
Testing of only the electromechanical functioning of a stationary
emergency signaling device shall occur at the same time each day that
a test is performed, but not before 8:00 a.m. Any such testing shall
only use the minimum cycle test time. In no case shall such test time
exceed 10 seconds.
b.
Testing of the complete emergency signaling system including the
electromechanical functioning of the
c.
Stationary emergency signaling devices shall be used only for testing
in compliance with applicable provisions of these regulations and
for emergency purposes where personnel and equipment are mobilized.
[Ord. #750, AII]
The operational performance standards established in this section
shall not apply to any of the following noise sources:
a.
Bells, chimes or carillons while being used in conjunction with religious
services.
b.
Commercial motor vehicle operations.
c.
Emergency energy release devices.
d.
Emergency work to provide electricity, water or other public utilities
when public health or safety are involved.
e.
National Warning System (NAWAS); systems used to warn the community
of attack or imminent public danger such as flooding or explosion.
These systems are controlled by the New Jersey Civil Defense and Disaster
Control Agency.
f.
Noise or aircraft flight operations.
g.
Public celebrations.
h.
Public roadways.
i.
Surface carriers engaged in commerce by railroad.
j.
The unamplified human voice.
[Ord. #750, AII]
For the purpose of measuring sound in accordance with the applicable
provisions of this section, test equipment methods and procedures
shall conform to written standards established and kept on file by
the Noise Control Officer of the Borough of Keansburg Police Department.
[Ord. #750, AII]
a.
The position of Noise Control Officer is hereby created.
1.
After recommendations have been submitted by the Chief of Police,
the Mayor and Borough Council shall appoint the Noise Control Officer
from the ranks of the Keansburg Police Department.
b.
It shall be the duty of the Noise Control Officer to take the measurements
in accordance with the applicable provisions of this section, to keep
records of such measurements, and to enforce all the provisions of
this section.
[Ord. #750, AIII; New]
a.
This section shall be known and may be cited as the "Keansburg Anti-litter
Regulations."
b.
Purpose. The purpose of this section is to establish requirements
to control littering in the Borough of Keansburg, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. #542, § 2; Ord. #1391, § II]
As used in this section:
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a litter storage and collection receptacle as
required and authorized in the Borough (refuse collection ordinance).
Shall mean the Borough of Keansburg.
Shall mean putrescrible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plaster,
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, match or any flaming or glowing material
or any garbage, trash, refuse, debris, rubbish, grass clippings or
other material or any 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.
Shall mean a container suitable for the depositing of litter.
Shall mean any newspaper of general circulation as defined
by General Law, any newspaper duly entered with the Post Office Department
of the United States, in accordance with Federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by General Law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issued per year, and sold to the public.
Shall mean a park, reservation, playground, beach, recreation
center or any other public area in the Borough, owned or used by the
Borough and devoted to active or passive recreation.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any dwelling, house, building, or other structure,
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building, or other structure.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds, and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and non-combustible wastes, such as paper, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery and similar materials.
Shall mean every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[Ord. #542, § 3; Ord. #1391, § III]
It shall be unlawful for any person to throw, drop, discard
or otherwise place any litter of any nature upon public or private
property other than in a litter receptacle, or having done so, to
allow such litter to remain.
[Ord. #542, § 4]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner so as to prevent
it from being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
[Ord. #542, § 5]
It shall be the responsibility of the property owner to maintain
a litter-free environment from street, which includes shoulders, gutters,
curbs, sidewalks, parking areas or other common areas from the driving
lane. No person shall sweep into or deposit in any gutter, street
or other public place within the Borough the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
[Ord. #542, § 6]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Borough the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or
occupying places of business within the Borough shall keep the sidewalk
in front of their business premises free of litter.
[Ord. #542, § 7; Ord. #1391, § II]
Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this section, the operator
or owner, or both, of the motor vehicle or board shall also be deemed
to have violated this section.
[Ord. #542, § 8]
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place. Nor shall any person
drive or move any vehicle or truck within the Borough, the wheels
or tires of which carry onto or deposit in any street, alley or other
public place, mud, dirt, sticky substances, litter or foreign matter
of any kind.
[Ord. #542, § 9]
No person shall throw or deposit litter in any park within the
Borough except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided herein.
[Ord. #542, § 10]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the Borough.
[Ord. #542, § 11]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamp post, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
[Ord. #542, § 12]
No person shall throw or deposit litter on any occupied private
property within the Borough, whether owned by such person or not,
except that the owner or person in control of private property may
maintain authorized private receptacles for collection in such a manner
that litter will be prevented from being carried or deposited by the
elements upon any street, sidewalk or other public place or upon any
private property.
[Ord. #542, § 13]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. #542, § 14]
No person shall throw or deposit litter on any open or vacant
private property within the Borough whether owned by such person or
not.
[Ord. #542, § 15; Ord. #1085, § 1]
a.
Notice to Remove. The Code Enforcement Officer is authorized to notify,
in writing, the owner or person in control of any open or vacant private
property within the Borough or the agent of such owner to properly
dispose of litter located on such owner's property. Such notice shall
be by certified mail addressed to the owner or person in control or
the agent of the owner or person, at his last known address.
b.
Failure or Refusal to Remove. Upon the failure, neglect or refusal
of any owner or person in control or his agent to dispose of litter
as required in this section within five days after receipt of written
notice thereof or within 10 days of the mailing of such notice in
the event that the notice is returned to the town post office department
due to inability to make delivery thereof, the Borough Code Enforcement
Officer is authorized and empowered to pay for the disposing of such
litter or to order its disposal by the Borough.
c.
Charge Included In Tax Bill. When the Borough has effected the removal
of such litter or has paid for its removal, the actual cost thereof,
plus accrued interest at the legal rate chargeable per annum from
the date of the completion of the work, if not paid by such owner
prior thereto, shall be charged to the owner of such property, on
the next regular tax bill forwarded to such owner by the Borough,
and said charge shall be due and payable by said owner at the time
of payment of such bill.
d.
Unpaid Charges to Constitute Lien on Property. Where the full amount
due is not paid by such owner within 30 days after the disposal of
such litter, as provided for in paragraphs a and b above, then in
that case, the Code Enforcement Officer shall cause to be filed with
the Collector a sworn statement showing the cost and expense incurred
for the work, the date the work was done and the location of the property
on which said work was done. The filing of such sworn statement shall
constitute a lien and privilege on the property, and shall remain
in full force and effect for the amount due in principal and interest
plus costs of court, if any, for collection, until final payment has
been made. Said costs and expenses shall be collected in the manner
fixed by law for the collection of taxes and further shall be subject
to accrued interest at the legal rate chargeable per annum from the
date of the completion of the work in the event same is not paid in
full on or before the date the tax bill upon which said charge appears
becomes delinquent. Sworn statements filed in accordance with the
provisions hereof shall be prima facia evidence that all legal formalities
have been complied with and that the work has been done properly and
satisfactorily, and shall be full notice to every person concerned
that the amount of the statement, plus interest, constitutes a charge
against the property designated or described in the statement and
that the same is due and collectible as provided by law.
e.
Notice Deemed Continuing for Remainder of Year. The owner or person
in control or the agent of the owner or person, of any lot, place
or area, having in any calendar year received notice pursuant to paragraph
b herein, shall be deemed to have notice for the remainder of the
year that the Borough may, without further notice, dispose of such
litter or order its disposal by the Borough, and that the cost of
such removal shall be charged and collected in accordance with the
provisions of this section.
f.
The remedy provided herein for action upon non-compliance shall be
cumulative and nonexclusive. The procedure set forth in paragraph
b above shall not be interpreted to require such action prior to the
issuance of a summons for violation of any provision of this section.
[Ord. #542, § 2; New; Ord. #1085, § 2]
Any person violating any of the provisions of this section shall
be deemed guilty of a petty disorderly persons offense upon conviction
thereof. In addition to any penalty imposed pursuant to law for a
conviction of a petty disorderly persons offense, a Municipal Court
Judge may direct the person to perform community service, including
litter pick-up and removal from any public property, or any private
property with permission of the owner, upon which the person deposited
the litter, for a term of not less than 20 hours nor more than 40
hours.
A person who is convicted of an offense under this section within
one year of the date of a previous conviction there-under may be sentenced
to imprisonment for a definite term not to exceed 60 days, may in
addition be sentenced to pay a fine not to exceed $1,000 and may be
directed to perform community service, including litter pick-up and
removal from any public property or from any private property if permission
of the owner has been granted, for a term of not less than 40 nor
more than 80 hours.
[Ord. #353]
Many children have died in abandoned or unused refrigerators
and ice boxes by accidently being locked in.
It is recognized that abandoned and unused refrigerators and
ice boxes are a menace to the public safety.
[Ord. #353, § 1]
It shall be unlawful for any person to place upon any public
dump or other public property or any private property or for any person
to have upon his own property any abandoned and unused refrigerators
or ice boxes unless in such case the locks and doors have been removed.
[Ord. #353, § 2; New]
[Ord. #729, § 1]
As used in this section.
Shall mean the commission of an act by a juvenile which if
committed by an adult would constitute:
A high misdemeanor or misdemeanor;
A disorderly persons offense;
Habitual disobedience to parents or guardians or persons in
a position of authority;
Conduct which can be considered ungovernable or incorrigible;
Habitual truancy;
Any offense or violation of any statute, regulation or municipal
ordinance of the Borough;
Habitual vagrancy;
Public nuisance.
Shall mean any person who has not yet attained his or her
eighteenth birthday.
Shall mean any natural father or mother or any adult who
has a juvenile in his or her care or custody.
[Ord. #729, § 1(A)]
Every parent of a juvenile under the age of 18 years shall supervise
and control the activities of his or her or their children to ensure
that the aforesaid juveniles comply with the Laws and regulations
of the State of New Jersey, County of Monmouth and the ordinances
of the Borough.
[Ord. #729, § 2]
a.
It shall be the duty of the Chief of Police or a member of the Division
of Police to notify the parent of every child either convicted or
charged with a juvenile offense which offenses shall have been committed
within the jurisdiction of the Borough, placing that parent on notice
of their potential liability of such parent for the further unlawful
acts of his or her juveniles. The notice shall be in writing accompanied
by a copy of this section.
b.
Upon any subsequent conviction of any juvenile or minor and after
due notice as prescribed herein has been given there shall arise a
presumption that the juvenile's parents have failed to exercise proper
parental controlled supervision of such juvenile and for such action,
the parents shall be charged with a violation of this section within
the jurisdiction of the Borough.
[Ord. #729, § 3]
The remedies and penalties provided elsewhere in this section
shall not be exclusive, nor shall they conflict with any of the Laws
of the State of New Jersey it being the express intention of this
section that the penalty and remedy set forth herein shall be cumulative
and in addition to any other penalties and remedies set forth in the
Statutory Law of the State of New Jersey.
[Ord. #729, § 5]
[Ord. #475, § 1]
It shall be unlawful for any person to remain idle or loiter
in front of or in the neighborhood of any store, shop, restaurant,
luncheonette, or any other place of business without limitation, or
in or on the public streets, sidewalks, highways, roads, alleys, or
any other public grounds, places or buildings, without limitation.
No person shall be found guilty of so remaining idle if he establishes
that he had a legitimate business or purpose in so doing.
[Ord. #475, § 2]
It shall be unlawful for the parent, guardian or other adult person having the care or custody of any minor under the age of 18 to knowingly permit such minor to remain idle or loiter in violation of subsection 3-6.1.
[Ord. #475, § 3]
Whenever any minor under the age of 18 is taken into custody for violating subsection 3-6.1, the Chief of Police shall notify parent, guardian or other person having custody of such minor of such detention.
[Ord. #475, § 4; Ord. #1130, § 6]
If it be established that any minor under the age of 18 remained idle or loitered in violation of subsection 3-6.1 between the hours of 11:00 p.m. and 6:00 a.m. of the following day, then it shall be presumed, in the absence of proof to the contrary, that the parent, guardian or other adult person having the care or custody of such minor knowingly permitted such minor to do so.
[Ord. #475, § 5]
If it be established that the parent, guardian or other adult person having the care or custody of any minor under the age of 18 was duly notified pursuant to subsection 3-6.3 that such minor had been detained for a violation of subsection 3-6.1, and it be further established that such minor subsequently remained idle or loitered in violation of subsection 3-6.1 then it shall be presumed, in the absence of proof to the contrary that such parent, guardian or adult person knowingly permitted such subsequent violation.
[Ord. #475, § 6; New]
[Ord. #474, § 1]
The Municipal Council deems it necessary and proper in the interests
of good government, the protection of persons and property, and the
maintenance of order, that the use of the public streets, parks and
other public places by minors under the age of 18 years be regulated.
[Ord. #474, § 2; Ord. #1130, § 1; Ord.
#1373, § 1]
a.
It shall be unlawful for any minor under the age of 18 years to be
upon any public or quasi-public place or upon any public street either
on foot or in an automobile or any other vehicle, between the hours
of 10:00 p.m. and 6:00 a.m. from September 16 through May 14 and between
the hours of 11:00 p.m. and 6:00 a.m. from May 15 through September
15, of the respective year, unless accompanied by the juvenile's parent
or guardian or unless engaged in, or traveling to or from, a business
or occupation which the laws of this State authorize a juvenile to
perform.
b.
It shall be unlawful for any minor under the age of 18 years to be
upon any public place during the hours when the juvenile is required
to be in attendance at either a public or nonpublic school unless
accompanied by the juvenile's parent or guardian or is carrying written
permission from the juvenile's educational authority allowing the
juvenile to be in a public place.
[Ord. #474, § 3; Ord. #1130, § 2]
It shall be unlawful for any parent, guardian or other person
having control and custody of such minor under the age of 18 years
to allow or permit such minor to be in any public street or public
or quasi-public place, including public streets, after the hour of
11:00 p.m. and before 6:00 a.m. on any weekday (Monday through Thursday)
and between the hour of 12:00 a.m. and before 6:00 a.m. on any weekend
(Friday and Saturday) during the entire calendar year, except in the
manner and for the purposes specified in this section.
[Ord. #474, § 4]
Any police officer is hereby authorized and empowered to take
into custody any minor who may be in the act of violating the provisions
of this section and shall notify the parent or person having the legal
custody and control of the minor of the violation.
[Ord. #474, § 5; Ord. #1130, § 3]
Violators shall be required to perform community service and
may be subject to a fine of up to $1,000. If both the juvenile and
the juvenile's parent or guardian are found in violation of this section,
they shall be required to perform community service together.
[Ord. #1130, § 4; Ord. #1373, § 2]
Nothing in this section shall prohibit juveniles from engaging in errands involving medical emergencies, attending extra-curricular school activities or activities sponsored by religious or community based organizations, and other cultural, educational and social events after the hours of curfew as set forth in subsection 3-7.2 as the same be amended from time to time.
[Ord. #1130, § 4]
This section shall be enforced fairly and nondiscriminantly
against all juveniles within the Borough of Keansburg found to be
in public or quasi-public areas during the curfew hours and not falling
within any exception outlined in this section.
[Ord. #1296, § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the administrative officer of the Borough of Keansburg
Health Department or, in the absence of a municipal Health Department,
the administrative officer of the Monmouth County Board of Health
and/or their designees or authorized representatives.
Shall mean any member of the Police Department of the Borough
of Keansburg.
Shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Shall mean any racks, stands or other display devices from
which a customer may take tobacco products directly with only payment
to be made to the tobacco retailer.
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling and/or any other personal consumption
use, including but not limited to cigars, chewing tobacco, pipe tobacco,
snuff and cigarettes in any form.
Shall mean any person or entity that operates a store, stand,
booth, concession or place at which sales of tobacco are made to purchasers
for consumption or use and shall mean a person or entity that owns
or operates a vending machine and/or a vending machine location.
Shall mean any type of automated self-service device which,
upon the insertion of money, tokens or any other form of currency
or payment, dispenses cigarettes or other tobacco products.
[Ord. #1296, § 1]
a.
Prohibition. It shall be unlawful for any person, including a tobacco
retailer, to sell, give or permit to be sold or given to a person
under the age of 18 years tobacco in any form.
b.
Sign requirement. All tobacco retailers must post in a conspicuous
place near each cash register a sign measuring not less than six inches
by eight inches containing the following "SALE OF TOBACCO PRODUCTS
TO MINORS UNDER THE AGE OF 18 IS PROHIBITED BY LAW." Legal proof of
age must be shown. A person who sells or offers to sell a tobacco
product to a person under 18 years of age may be prosecuted in accordance
with State and local laws.
[Ord. #1296, § 1]
It shall be unlawful for a tobacco retailer to sell or permit
to be sold tobacco to any individual without requesting and examining
identification from the purchaser which positively establishes the
purchaser's age as 18 years or greater, unless the seller has some
other conclusive basis for determining the buyer is over the age of
18 years.
[Ord. #1296, § 1]
a.
It shall be unlawful to offer for sale or to sell tobacco through
a self service tobacco display in the Borough of Keansburg.
b.
Self-Service tobacco displays are prohibited in the Borough of Keansburg.
c.
It shall be unlawful to sell rolling papers in any form or quantity
to persons under the age of 18 years in the Borough of Keansburg.
[Ord. #1296, § 1]
a.
Tobacco vending machines are prohibited in the Borough of Keansburg,
except in places licensed to sell or distribute alcoholic beverages
under the statutes, rules and regulations of the State of New Jersey
(from now on called "licensed premises"). Cigarette vending machines
may be located in a licensed premises subject to compliance with all
of the following conditions:
1.
The machine is located within the immediate vicinity of, or in plain
view, and under the control of an employee 18 years of age or older.
2.
The machine is not located in a courtroom, restroom, waiting area
or similar unmonitored area, and is inaccessible to the public when
the place of business is closed.
3.
The machine is equipped with a locking device that has all of the
following characteristics:
(a)
The machine is inoperative and not capable of accepting money
unless activated by an employee of the licensed premises.
(b)
The machine contains a warning label to minors and a label indicating
activation procedures.
(c)
Once activated, the machine is automatically deactivated after
three minutes or the purchase of one pack of cigarettes.
(d)
Any malfunction of the locking device renders the machine inoperable.
(e)
The locking device cannot be bypassed to leave the machine in
an operating mode for an unlimited period of time.
b.
It shall be unlawful for an employee of the licensed premises to
activate the tobacco vending machine for any person under the age
of 18 years of age.
c.
It shall be unlawful for any person to remove, disconnect, or otherwise
disable the locking device on a cigarette vending machine.
[Ord. #1296, § 1]
a.
Whenever the Health Officer or his/her designee or a law enforcement
officer reasonably believes that there exists a violation of this
section, such officer or designee may issue a summons and complaint
not later than 60 days after discovery of the alleged violation. The
complaint shall be written and state with reasonable particularity
the nature of the violation, including reference to the chapter and
subsection of this section alleged to have been violated. The complaint
shall be delivered or sent by certified mail, return receipt requested,
to the alleged violator.
b.
The Health Officer, his/her designee or law enforcement officer charged
with enforcement of this section, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, vehicle,
incident or event as necessary.
c.
It shall be unlawful for any person to molest, wilfully oppose, verbally
abuse or otherwise obstruct the Health Officer, his or her designee
or a law enforcement officer who may request the assistance of the
Borough of Keansburg Police Department or other police agency or peace
officer when necessary to execute his or her official duty in a manner
prescribed by law.
d.
Citizens may bring complaints against violators of this Chapter.
[Ord. #1296, § 1]
a.
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this section shall, upon conviction
thereof, pay a penalty of $250 for the first offense and a maximum
of $500, in the discretion of the Municipal Court Judge, for the second
and any subsequent offense. Complaint shall be made in the Municipal
Court or before such other judicial officer having authority under
the laws of the State of New Jersey.
b.
Each sale of tobacco and/or rolling papers to a minor shall constitute
a separate violation. Each date that a tobacco vending machine or
self-service tobacco display remains on any premises or that tobacco
is sold without the required sign shall constitute a separate and
distinct offense.
c.
The Health Officer may suspend the retail food establishment license
of any person convicted of a violation of this section for a period
not to exceed three days pursuant to the authority contained in N.J.S.A.
26:3-31c, which governs the licensing and regulation of food establishments.
[Ord. #704, § 3]
No person under the legal age shall possess, serve, sell or
consume any alcoholic beverage in any public place within the Borough.[1]
[Ord. #704, § 4]
No person shall consume or possess in any open container, bottle,
can, glass, cup or any other manner any alcoholic beverage upon any
street, sidewalk, approach, step, beach, in any automobile, truck,
van, or any other motor vehicle, either being driven upon the Borough
streets or parked or stopped upon any street, garage, parking lot
or alley within the Borough or in any public building, public place,
except in those establishments where alcoholic beverages are sold
for on-premises consumption or within any private meeting hall where
entrance is restricted to members and their guests.
[Ord. #1286, § 2; Ord. #1490]
a.
Any person under the legal age, without legal authority, who knowingly
possesses or knowingly consumes an alcoholic beverage on private property
shall be guilty of a violation of this section and shall be punished
by a fine of $250 for a first offense and $350 for any subsequent
offense.
b.
The Court, may, in addition to the fine authorized under this subsection,
suspend or postpone for six months the driving privilege of the defendant.
Upon conviction of any person and the suspension or postponement of
that person's driver's license, the Court shall forward a report to
the Motor Vehicle Commission stating the first and last day of the
suspension or postponement period imposed by the Court pursuant to
this subsection. If a person at the time of imposition of 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 reached
the age of 17 years.
If a person at the time of the imposition of sentence has a
valid driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Commission 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 R.S. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive 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 R.S. 39:3-40.
If the person convicted under this subsection is not a New Jersey
Resident, the Court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Commission the required report. The court
shall not collect the license of a nonresident convicted under this
subsection. Upon receipt of a report by the Court, the Commission
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
c.
1.
Nothing in this subsection shall prohibit an underaged person from
consuming or possessing an alcoholic beverage in connection with a
religious observance, ceremony or rite or consuming 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.
d.
Nothing in this subsection shall prohibit possession of alcoholic
beverages by any 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
vocational school or post secondary education institution; however,
this subsection shall not preclude the imposition of a penalty under
this subsection, R.S. 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.
[Ord. #710, § 1]
It shall be unlawful within the Borough to charge a consideration
to any individuals or groups for the use of Rest Room Facilities in
any establishment where the public is ordinarily invited including
those premises where alcoholic beverages are offered for sale and/or
consumption.
Nothing within this section however shall be construed so as
to restrict the right to limit patronage within any establishment
as heretofore defined by ordinance or the New Jersey State Statutes.
[Ord. #710, § 2]
The prohibition shall be defined as charging a consideration
or fee in money or otherwise either by direct payment or the use of
any coin operated device restricting the use of the rest rooms.
[Ord. #603, § 1]
As used in this section the terms "motor vehicle, omnibus, road
tractor, trailer, truck, truck tractor, and vehicles" are intended
to have the meanings stated and as defined in N.J.S.A. 39:1-1, et
seq.
Shall mean one which is parked in any of the places mentioned in subsection 3-11.2 and is any one of the following:
Parked without the current year's registration or identification
markers as required by law.
So disabled as to constitute an obstruction to traffic and the
driver or person owning or in charge thereof neglects or refuses to
move the same to a place where it will not obstruct traffic.
Found to be mechanically inoperative.
Found without one or more tires.
[Ord. #603, § 2]
It shall be unlawful for any person to abandon a motor vehicle,
omnibus, road tractor, trailer, truck, truck tractor, or vehicle on
any street in the Borough or any municipally owned or operated parking
lot, or any property which is owned, leased or maintained by the Borough,
or Borough of Keansburg Board of Education, or any private property
in the Borough. Provided, however, that nothing contained herein shall
be determined to prohibit the placing, keeping, storing or abandonment
of any such motor vehicle in a garage or other building in the Borough
or on the lands and premises of a licensed new or used automobile
dealer or licensed service station operator. However, the licensed
service station operator cannot allow any motor vehicle or motor vehicles
to be parked on his lands and premises without repairs having been
completed and the vehicles being removed for a period exceeding 30
days.
[Ord. #603, § 3; Ord. #1310, § 2]
Whenever it shall appear to the Borough Sanitarian, Borough Code Enforcement Officer or any member of the Police Department, who hereinafter shall be referred to as the officer, that subsection 3-11.2 is being violated:
a.
The officer shall determine whether the violation constitutes a traffic
hazard; and if so, he shall forthwith move it or cause it to be moved
to a non-hazardous location.
b.
If the location of the vehicle does not create a traffic hazard, or has been removed by the direction of the officer to a non-hazardous location, the officer shall first ascertain, if he can, who is the owner of the vehicle and shall, in writing, notify such owner to abate the violation forthwith and in any event, within five days after the service of the notice upon him, which notice shall be given as required under subsection 3-11.6a for the service of notice, and if such violation shall be upon private property, then the owner of the private property shall be given notice in the same manner.
[Ord. #603, § 4]
If the vehicle causing the violation constitutes or may constitute
a traffic hazard and it cannot be moved to a non-hazardous location,
or if the name and address of the owner of the vehicle cannot be ascertained
or if the violation be not abated in the time required by the notice
given under the foregoing, the officer shall:
a.
Determine whether the vehicle has a value in excess of the cost of
removing it and storing it until time of sale, pursuant to N.J.S.A.
39:10A-1.
b.
Unless the vehicle appears to have a value clearly in excess of such
cost, he shall arrange, if he can, for the removal of it by someone
who will undertake that removal without cost to the Borough, but otherwise
he shall arrange for that removal, at the expense of the Borough,
to an authorized dump.
c.
If the vehicle appears to have a value clearly in excess of the cost
he shall remove it or cause it to be removed at the expense of the
Borough to a storage area.
[Ord. #603, § 5]
If any vehicle impounded by the officer shall remain in his
custody after 30 days after notice of the impounding has been given
to the owner, the owner's right to reclaim it by paying the costs
of removal and interim storage charges, the impounded vehicle shall
be deemed to have been forfeited by the owner and the governing body
shall sell and dispose of it as provided in N.J.S.A. 39:10A-1.
[Ord. #603, § 6]
a.
Notice required under subsection 3-11.3a shall be served upon such owner, if he resides in the Borough, personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years; but if any such owner shall reside outside of the Borough or the State, the notice shall be served upon him by registered mail, addressed to him at his usual residence, if ascertainable, otherwise by notice published once in the legal newspaper of the Borough. The notice shall be likewise served upon the holder of any security interest in the vehicle in the same manner.
[Ord. #603, § 7]
At any time prior to sale, the owner or other person entitled
thereto may reclaim possession of the vehicle upon payment of the
reasonable cost of removal and storage of the vehicle and any fine
or penalty and court costs assessed against him for a violation which
gave rise to the seizing or taking possession of such vehicle, pursuant
to N.J.S.A. 39:10A-2.
[Ord. #603, § 8]
If the Borough takes possession of a motor vehicle, pursuant
to N.J.S.A. 39:10A-3, it shall in its report thereof to the Director
of Motor Vehicles certifying on an application prescribed by him that
such vehicle is incapable of being operated safely or of being put
in safe operational condition, except at a cost in excess of the value
thereof, the Division of Motor Vehicles shall, without further certification
or verification, issue to the Borough, for a fee of $1 a junk title
certificate thereto, with proper assignment thereon, which shall be
assigned and delivered to the purchaser of the vehicle at public sale.
[Ord. #603, § 9]
Upon the sale of any vehicle for which no junk title certificate
shall have been issued, the Borough shall execute and deliver to the
purchaser, an application for certificate of ownership prescribed
by the Director of Motor Vehicles in the same form and manner as provided
in N.J.S.A. 39:10-15, which shall also contain the name and address,
if known, of the former owner.
[Ord. #603, § 10]
Upon the sale of the vehicle, pursuant to the provisions of
this section, all claims of interest therein shall be forever barred
and the proceeds realized therefrom after payment of the expense of
possession and sale, shall be remitted to the Borough as its sole
property.
[Ord. #603, § 11]
[Ord. #1367, § 1]
There are established "Drug-Free Zones" in and about the Borough
of Keansburg, Monmouth County, New Jersey, pursuant to N.J.S.A. 2C:35-7
and N.J.S.A. 2C:35-7.1.
[Ord. #1367, § 2]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7 and N.J.S.A. 2C:35-7.1, Drug-Free Zone Map produced on March
25, 2004, by the firm of Maser Consulting is hereby approved and adopted
as an official finding and record depicting the location of the following
areas within the municipality.
a.
Any property which is used for school purposes and which is owned
by or leased to any elementary or secondary school or school board;
and
b.
All areas on or within 1,000 feet of such school property referenced
in paragraph a above; and
c.
Any property which is the site of a public housing facility, a public
park, or a public building, as defined in N.J.S.A. 2C:35-7.1; and
d.
All areas on or within 500 feet of any public housing facility, any
public park, or any public building, as referenced in paragraph c
above.
[Ord. #1367, § 3]
The Drug-Free Zone Map approved and adopted pursuant to subsection 3-12.2 shall continue to constitute an official finding and record as to the location and boundaries of the areas referenced in subsection 3-12.2, 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 such areas.
[Ord. #1367, § 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 Borough Engineer
and the Borough 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.
[Ord. #1367, § 5]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-12.2, and to provide at a reasonable cost a true copy thereof to any person, agency, or court which may request such a copy, along with a certification that such 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 Monmouth County Prosecutor.
[Ord. #1367, § 6]
The following additional matters are hereby determined, declared,
recited, and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-12.2 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 municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or school board;
3.
That such school property is and continues to be used for school
purposes;
4.
The location and boundaries of all areas which are on or within 1,000
feet of such school property;
5.
The location and boundaries of all properties which are the sites
of public housing facilities, public parks, and public buildings within
the municipality;
6.
That the properties referenced in paragraph 5 above are and continue
to be used for the purposes of public housing facilities, public parks,
and or public buildings;
7.
The location and boundaries of all areas which are on or within 500
feet of the properties referenced in paragraph 5 above.
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.A. 2C:25-7.
c.
All of the property depicted on the map approved and adopted herein
as the property of public housing facilities, public parks and public
buildings was being used for such purposes as of January 9, 1998,
that being the effective date of N.J.S.A. 2C:35-7.1.
d.
Pursuant to the provisions of N.J.S.A. 2C35-7 and N.J.S.A. 2C:35-7.1, 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 3-12.2. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for the purposes referenced in this section, 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 school or school board, or that such property is not used for school purposes or for any of the other public purposes referenced in this section.
e.
All of the requirements set forth in N.J.S.A. 2C:35-7 and N.J.S.A.
2C:35-7.1 concerning the preparation, approval, and adoption of a
Drug-Free Zone Map have been complied with.
[Ord. #1153, § II]
Shall mean a hotel which serves a continental breakfast,
but does not serve regular meals.
Is comprised of a structure that was originally constructed
for the purpose of a private residence.
Shall mean a facility providing sleeping or dwelling accommodations
to transient guests.
Is comprised of a structure that was originally constructed
for the purpose of a private residence.
Includes individual sleeping accommodations for 25 or fewer
guests.
Has at least one dwelling unit occupied by the owner of the
facility as his place of residence during the time that the facility
is being used for the lodging of a guest.
Conforms to the requirements of a guest house under the Uniform
Fire Code -5:18-1.5.
Shall mean any building containing six or more guest rooms
intended or designed to be used, or which are used, rented, or hired
out to be occupied or which are occupied for sleeping purposes by
guests. This definition shall also mean and include any motor lodge,
motor court, motel, tourist lodge or tourist court.
Shall mean any room, cabin, or quarters, whether or not physically
attached to or connected with any other building or structure, used
for sleeping or housing accommodations in the business of conducting
tourist lodges, hotels, or motels.
Shall mean any person, individual, firm, association, partnership
or corporation.
[Ord. #1153, § III]
a.
No cooking facilities of any kind shall be constructed, installed,
placed or used in any tourist cabin, hotel, lodge, or motel within
the confines of the Borough of Keansburg; nor shall any food be prepared,
cooked, or made suitable for consumption on or about any tourist cabin,
hotel, lodge, motel, nor shall the preparation, cooking or making
suitable for human consumption of food on or about, or in such tourist
cabin, hotel, lodge, or motel be permitted by the owners, managers,
lessees, operators, or licensees thereof, except for a restaurant
operating as such exclusively for the preparation and serving as food
and except for one superintendent's or manager's apartment.
b.
This shall not prohibit any bed and breakfast establishment from
serving a continental breakfast.
[Ord. #1153, § IV]
a.
Each operator shall at all times cause to be maintained on the premises
a register, consisting of consecutively numbered cards, which shall
constitute the register of the premises. Said register shall be preserved
for seven years upon the premises.
b.
No person shall occupy and no operator shall permit any person to
occupy any housing or lodging unit on the premises, unless each person
or head of the party who is to occupy such housing unit shall first:
1.
Display to a duly authorized agent or employee of the hotel, motor
lodge, in charge of the register written evidence of his or her identification
including not less than two forms of identification. The form of identification
that was produced shall be recorded as well as any information from
the identification that differs from the identification supplied by
said person renting the room.
2.
Write in the register immediately following the preceding registration,
in ink, and in his or her own handwriting, his or her full legal name,
both first and last, and a current home address including the home,
apartment number, street, town and state.
3.
Pay a registration fee to the Borough of Keansburg in the annual
amount of $250.
[Added 11-13-2019 by Ord.
No. 1647]
4.
Before receiving the annual license from the Borough there shall
be an annual inspection to assure carbon dioxide detectors and fire
extinguishers are in working order on the premises.
[Added 11-13-2019 by Ord.
No. 1647]
5.
Other safety items as designated by the Borough Manager or his designee
that go to the safety and well-being of the transient guests shall
be complied with prior to the annual license being issued.
[Added 11-13-2019 by Ord.
No. 1647]
6.
Each bed-and-breakfast shall have at least one dwelling unit occupied
by the owner of the facility or his agent as his place of residence
during any time that the facility is being used for the lodging of
guests or the owner or agent of the owner shall be within 15 minutes
travel distance of the facility while the guests are lodging there.
The owner or agent shall carry out the applicable duties described
in this chapter. If the owner or agent is not on site, there shall
be a clearly legible sign, conspicuously displayed in the area where
the guests register, containing the owner's or agent's name,
address (including unit number or apartment number) and a twenty-four-hour
emergency telephone number.
[Added 11-13-2019 by Ord.
No. 1647]
c.
If a person registering, or any member of his party registering owns
a vehicle, it is the responsibility of the operator or his duly authorized
agent to obtain a full description of said vehicle accompanying said
person to include the make, model, color, license plate number and
state of registration.
d.
If the registrant does not write in the register the information
herein required as to the motor vehicle, it shall be the duty of the
operator or his duly authorized employee to write in said information.
e.
In addition to the foregoing information, the operator shall cause
to be written into the register, in ink, the number or name of the
housing or lodging unit assigned to each registrant, the date and
hour of the registration, the signature of the person taking or accepting
the registration and the date when the occupants of each housing or
lodging unit quit and surrender the same.
f.
Said register shall be kept and preserved by the operator and shall
be available on request any hour of the day or night to any police
officer of the Borough of Keansburg, or to any duly authorized agent
of the governing body of the Borough of Keansburg.
[Ord. #1153, § V; amended 11-13-2019 by Ord. No. 1647]
It shall be the duty of the Borough Manager or his designee
to inspect the premises from time to time, at any hour of the day
or night, to determine that the provisions of this section are complied
with.
[Ord. #1153, § VI]
a.
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be punishable by a
fine of not more than $500 or by imprisonment in the County Jail for
a term not to exceed 90 days, or both, in the discretion of the Court.
The continuation of such violation for each successive day shall constitute
a separate offense and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
[Ord. #1190, § 1]
The sale of cigarette rolling papers in any form or in any quantity
to any person under the age of 18 years within the Borough is prohibited.
[Ord. #1190, § 1]
Any person found in violation of this section shall be subject
to a fine which shall not exceed $1,000 or imprisonment for a term
not to exceed 90 days or both for each such violation.
[Ord. #1167, § 1]
As used in this section, the following definitions shall apply:
a.
CONVICTED OFFENDER - Shall mean any person who has been convicted
of a violation of the following statutes: N.J.S.A. 2C:14-2, N.J.S.A.
2C:14-3, and N.J.S.A. 2C:14-4, where the victim of said crime was
a person under the age of 18.
b.
PERMANENT RESIDENT - Shall mean any person who resides within the
Borough of Keansburg for more than 30 days in any one year.
[Ord. #1167, § 2]
a.
Any convicted offender who becomes a permanent resident of the Borough
of Keansburg shall upon obtaining permanent residence status as defined
in this section register at the Keansburg Police Department. At the
time of registration, the following information shall be supplied
by the convicted offender:
1.
Name and social security number.
2.
Street address.
3.
Driver's license number.
4.
Make, model and license plate number of any motor vehicle owned or
used.
5.
Nature of each and every offense committed.
6.
Date of each offense and date of each conviction.
7.
Date of release from custody.
8.
Prosecuting agency for each offense.
9.
Age and sex of victim of each offense.
b.
Obligation to provide that information contained in paragraph a above
shall be a continuing obligation and any change in any of the information
so supplied shall be immediately reported to the Keansburg Police
Department.
[Ord. #1167, § 2]
The Chief of Police shall maintain a registry of convicted offenders containing the information required in subsection 3-15.2 of this section in alphabetical order by street name, which registry shall be available at all times for inspection by any person. A copy of the registry shall also be forwarded by the Chief of Police to the Keansburg Board of Education.
[Ord. #1167, § 2]
Unless otherwise provided by law, statute or ordinance, any
person charged with violating any of the provisions of this section
shall, upon conviction thereof, pay a fine not less than $100 nor
more than $1,000 and be subject to imprisonment for any term not exceeding
90 days, or both.
[Ord. #1378, § 1; Ord. #1413, § 1]
a.
It shall be unlawful for any person subject to the registration requirements
set forth in N.J.S.A. 2C:7-1 et seq. whose risk of reoffense has been
assessed as moderate or high pursuant to N.J.S.A. 2C:7-8 to reside
within 1,000 feet of any public or private primary and/or secondary
school or educational facility, park, playground or childcare facility
within the Borough as delineated on the then approved Borough of Keansburg's
Drug-Free Park Zone/Drug-Free School Zone Map.
b.
A person 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[2] and the term of which is not longer than one year, whichever
is later, to relocate outside the prohibited area. Failure to move
at a location which is in compliance with this section within the
prescribed time period shall constitute a violation of this section.
c.
The provisions of this section shall not apply to any person who
has purchased property to be used as his/her primary residence prior
to the effective date of this section.
d.
Any violation of this section shall be punishable by a fine not exceeding
$1,250; imprisonment for a term not exceeding 90 days; a period of
community service not exceeding 90 days.
[Ord. #1269]
The Borough of Keansburg shall permit charitable organizations
as defined in N.J.S.A. 45:17A-20 who desire to solicit contributions
in roadways situate in the Borough of Keansburg in accordance with
the provisions contained herein.
[Ord. #1269]
All charitable organizations as defined in N.J.S.A. 45:17A-20
who desire to solicit contributions in roadways situate in the Borough
of Keansburg shall file an application for a permit with the Borough
of Keansburg Clerk on a form supplied by said Clerk specifying the
following information:
a.
Name of applicant organization.
b.
Address of applicant organization.
c.
Telephone number of applicant organization.
d.
Contact person of applicant organization.
e.
Specific location or locations of proposed charitable solicitation.
f.
Dates and times of proposed charitable solicitation.
g.
If said request pertains to a location on any County highway or intersection
of a County highway, said application shall include a copy of an authorization
from the Monmouth County Board of Chosen Freeholders to permit said
charitable solicitation.
h.
If said request pertains to a location or locations on any State
highway or intersection of a State highway, said application shall
include a copy of an authorization from the Commissioner of Transportation
of the State of New Jersey to permit said charitable solicitation.
i.
Identify the manner in which the motorist solicitation will be conducted
and the procedures to be used to ensure the safety of the members
of the public who shall be traveling the roadways situate in the Borough
of Keansburg.
[Ord. #1269]
Upon the filing of a complete application in accordance with
the provisions of this section, the Borough of Keansburg Clerk shall
present same to the Borough of Keansburg Borough Council for its review
and consideration, after which the Borough Council shall grant or
deny the applicant's request. In the event the Borough Council grants
the applicant's request, it shall issue a permit to the applicant
which shall be subject to the representations contained in the applicant's
application and any conditions imposed by the Borough Council.
[Ord. #1269]
a.
In no event shall any charitable organization requesting authorization
from the Borough of Keansburg for said charitable solicitation use
any individual under the age of 18 years to perform any function or
task associated with the said charitable solicitation in any roadway.
b.
Any charitable organization requesting authorization from the Borough
of Keansburg for said charitable solicitation shall comply with all
terms and conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997,
chapter 82, approved April 30, 1997 and N.J.S.A. 45:17A-20.
[Ord. #1266, § I]
a.
BOROUGH
DISORDERLY ASSEMBLAGE
PERSON
As used in this section:
Shall mean the Borough of Keansburg.
Shall mean any two or more persons gathered together and
acting in a boisterous, offensive and threatening manner towards each
other or others, or committing an act or acts which are a breach of
the peace or which tend to create a breach of the peace.
Shall mean and include a corporation, association, organization,
firm and partnership, as well as an individual.
b.
Whenever, in this section, any word imprinting the singular number
or masculine gender is used in describing or referring to any person,
party, matter or thing, the same shall include and apply to several
persons or parties as well as to one person or party, to females as
well as males, and to several matters or things as well as one matter
or thing.
[Ord. #1266, § II]
Except as otherwise permitted by law, no person shall, within
the limits of the Borough:
a.
Utter any loud, profane, indecent, lewd or offensive language in
or upon any street or public place, or make any indecent or offensive
remarks or comments to or about any person lawfully in or upon any
street or public place, or make any improper noise, or create a riot,
disturbance or breach of the peace, or aid and abet any person in
creating a riot, disturbance or breach of the peace, or disturb or
endanger the public peace by any loud, abusive, offensive or disorderly
language or act in any house or building or grounds belonging thereto,
or in any street or public place.
b.
Make any threats or utter any threatening language or commit any
act which tends to endanger the public peace, or take any part in,
or aid, abet or assist in, a disorderly assemblage.
c.
Commit an assault and battery on any person or engage in a fight
with another person or persons, either in public or private, or aid,
abet or assist in any of the foregoing acts.
d.
Loiter, lounge, sleep, or assemble in or upon any street, street
corner, park or public place, or in or about any private or public
building as to obstruct passage through or upon any street, street
corner, park or public place, or obstruct access to any private or
public building.
e.
Disturb, interrupt or interfere, by rude, noisy, indecent, offensive
or disorderly conduct, behavior or language any public or private
assembly whatever, including any church, place of worship, religious
services, school, library reading room.
f.
Disturb, interrupt or interfere, by rude, noisy, indecent, offensive
or disorderly conduct behavior or language, the business proceedings,
activities or meetings of any Municipal Court or Magistrate, Board
of Commissioners, Board of Education, Board of Health, Planning Board,
Police Department or any of the Borough's appointed or officially
constituted bodies, agencies, departments or committees.
[Amended 5-18-1999 by Ord. No. 1258 ]
g.
Forcibly interfere with any member of the Police or Fire Department,
or any officer of the municipality in the performance of his duties,
or prevent or attempt to prevent any member of the Police or Fire
Department, or any officer of the municipality, from performing his
duty.
h.
Interfere with, deface or mutilate any police or fire alarm box,
or the police or fire alarm system, or any apparatus connected therewith,
or knowingly give or send, or cause to be given or sent, a false fire
alarm, or aid or abet any person to give or send any false fire alarm.
i.
Expectorate in or upon any public place, public building or public
conveyance.
j.
Offer or expose for sale, sell, possess or use any fireworks or pyrotechnics,
except for public display under permit from the Borough in writing.
k.
Maliciously or unlawfully destroy, deface, damage or injure public
or private property, including any tree or pole.
l.
Cut any tree, shrub or vine upon, or remove any earth, gravel or
sand from, any land belonging to another without his permission.
m.
Play any musical instrument on any street or public place after the
hour of 7:00 p.m. of the day, except for patriotic or civic purposes.
n.
Create a disturbance in any street, public place or public conveyance
while under the influence of intoxicating liquor.
o.
Stand on or about the front of, or to obstruct passage through or
into any premises licensed for alcoholic beverages.
[Ord. #1266, § III]
All persons owning premises licenses for alcoholic beverages
and all persons in whose name an alcoholic beverage license has been
issued shall cause a sign not less than two feet by two feet by two
feet to be placed six feet above the street level on the outside of
the premises next to each entrance to the premises, and clearly visible
to the public, which said sign shall state that it shall be unlawful
for any person to stand on or about the front of, or to obstruct passage
through or into any premises licensed for alcoholic beverages, and
stating the penalty provided herein.
[Ord. #1266, § V; Ord. #1374, § 1; Ord.
#1404, § 1]
Any person violating any of the provisions of this section,
shall, upon conviction, be liable to a penalty of a fine not exceeding
$2,000; or a term of imprisonment not exceeding 90 days; or by a period
of community service not exceeding 90 days.
[Ord. #1362, § I]
a.
A motor vehicle shall be subject to seizure and impoundment whenever
a police officer has probable cause to believe that the vehicle was
used to facilitate any violations of N.J.S.A. 2C:35 as to Controlled
Dangerous Substances Offenses.
b.
Upon seizure of a motor vehicle involved in the aforementioned offense(s),
the Police Department shall:
1.
Provide for the towing and impounding of the vehicle by the Borough's
authorized towing agent; and
2.
Notify in writing the person determined to be the owner of the vehicle
and any person who is found in control of the vehicle at the time
of the seizure of (a) the fact of the seizure and impoundment of the
vehicle, (b) the right of the individuals receiving notice to request
a preliminary hearing which request must be made in writing by the
alleged offender(s) either by hand delivery or by certified mail,
return receipt requested, to the Police Department within five days
after receipt of the notice of seizure, (Saturdays, Sundays, and legal
holidays excluded); and (3) the aforesaid Department notice shall
also advise the individual(s) of the right to pay a fee of $1,500
to offset the aforesaid costs of the specific law enforcement operation
or operations which resulted in the seizure.
c.
The Department notices to be given pursuant to this section shall
be provided by hand delivery at the time of the seizure and impoundment
of the vehicle, or if neither the owner of record nor the person in
control of the vehicle at the time of its seizure is available to
receive such notice, the notice shall be provided to the owner of
record by certified mail, return receipt requested within 24 hours
of the time of the impoundment excluding Saturdays, Sundays, and legal
holidays.
d.
This section does not apply and the vehicle is not to be seized or
impounded if the vehicle was stolen at the time it was subject to
seizure and impoundment. However, the owner of the vehicle or his
insurance company shall be responsible for towing and storage fees.
[Ord. #1362, § I]
a.
If the owner of a vehicle or his agent or authorized representative has made a written request for a preliminary hearing in accord with subsection 3-18.1b,2.
1.
The Borough Manager, who shall act as Hearing Officer shall set a
hearing within five days of receipt of the written request (excluding
Saturdays, Sundays, and legal holidays) before a Special Hearing Officer
of the City. At the hearing, the Borough shall have the burden to
show that there is probable cause to believe that the vehicle is subject
to impoundment and seizure. The formal rules of evidence shall not
apply at this hearing and hearsay and circumstantial evidence shall
be admissible.
2.
At the hearing related to the seizure of a vehicle involved in violations
of these offenses, the Keansburg Police Department will provide to
the defendant and his representative an estimated fee of the reasonable
calculated costs to the law enforcement agency that is conducting
this specific police operation in excess of $1,500 plus towing and
storage costs. This fee is required before the vehicle is released.
If after the hearing the Special Hearing Officer determines that there
is probable cause to believe that the motor vehicle is subject to
impoundment and continued seizure, he shall order the continued impoundment
of the vehicle unless the owner or his agent or authorized representative
pays the Borough the above fee, or posts with the Municipal Court
a cash bond in the above estimated amount. If after the hearing there
is a finding of no probable cause, the vehicle shall be released forthwith
to the owner or his agent or authorized representative without the
imposition of fees.
b.
1.
Within five days of the date the motor vehicle is seized or impounded
and whether or not a preliminary hearing is requested, the Borough
shall notify the owner of record by certified mail, return receipt
requested, of the date, time and location of a final hearing to be
conducted pursuant to this subsection. The owner of record will also
be notified of his right to pay the fee of $1,500 plus towing and
storage costs in these offenses, in lieu of a final hearing whereupon
the auto will be returned.
2.
A final hearing shall be scheduled and held no later than 30 days after the date that the vehicle was seized and impounded. If the owner or agent appears, the Borough shall have the burden to show by a preponderance of the evidence that the vehicle was used as set forth in subsection 3-18.1a above.
3.
If after a finding is made that the vehicle was towed and impounded lawfully, the Special Hearing Officer shall enter an order finding the owner of record civilly liable to the Borough for either of the fees mentioned above and forfeiture of the vehicle. If after a hearing a finding is made that the Borough did not meet its burden of proof, or that the exception of subsection 3-18.1d above, applies, the vehicle shall be released to the owner along with any cash bond posted or any other amounts paid.
4.
If the driver/owner refuses to pay the respective costs referred
to above, the Borough may hold the vehicle until the charges pending
against the defendant (driver/owner) are resolved. In the event that
the defendant is found not guilty, he or she will have to pay no penalty.
[Ord. #1362, § I]
Except as provided otherwise in subsection 3-18.2 an impounded vehicle shall be released to its owner of record or to the person who is legally entitled to possess the vehicle, upon his payment to the Borough of the respective fees recited above. If the fees are not paid, no vehicle will be released until all charges have been completely disposed.
[Ord. #1362, § I]
The owner of a motor vehicle that has been the subject of a seizure and impoundment pursuant to subsections 3-18.1 or 3-18.2, or the Borough, may appeal the final ruling or decision of the Special Hearing Officer to the New Jersey Superior Court, Monmouth County vicinage, within 30 days of the date of the final order being appealed. The Borough may charge the appellant a reasonable fee for preparation of the record for purposes of making the appeal.
[Ord. #2015-1569]
The purpose of this section regulating operating hours of restaurants,
drive-in restaurants, retail food establishments, and retail sales
establishments is to:
a.
Improve the quality of life for residents in the residential areas
of the Borough, particularly during late night and early morning hours;
b.
Decrease the incidence of nuisance complaints and littering associated
with large crowds of individuals congregating in or in close proximity
to residential areas during the late night and early morning hours,
which individually and collectively have a negative impact on the
quality of life for residents;
c.
Discourage activities that compromise the public safety of residents
and business patrons in certain areas during the late night and early
morning hours; and
d.
Provide for the efficient, effective and economical provision of
scarce governmental resources in addressing each of the aforementioned
purposes.
[Ord. #2015-1569]
For the purposes of this section, the following terms shall
have the following meanings:
Shall mean an establishment where the majority of the patrons
purchase food, soft drinks, ice cream, and similar confections for
takeout or consumption on the premises but outside the confines of
the principal building, or in automobiles parked upon the premises,
regardless of whether or not, in addition thereto, seats or other
accommodations are provided for the patrons.
Shall mean the hours during which a business is open to the
general public.
Shall mean any establishment, however designated, at which
food is sold for consumption on the premises, normally to patrons
seated within an enclosed building.
Shall mean an establishment where food and beverages are
offered for retail sale for consumption off premises. Such foods or
beverages may be packaged in a ready-to-consume state or may come,
packaged and sold in bulk quantities. Examples of retail food establishments
include without limitation grocery stores, ice cream shops, retail
mini-marts, bakeries, and delicatessens.
Shall mean an establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods, including, but not
limited to specialty shops and boutiques.
[Ord. #2015-1569]
Restaurants, drive-in restaurants, retail food establishments,
and retail sales establishments shall not be open to the public between
the hours of 1:00 a.m. and 5:00 a.m.
[Ord. #2015-1569]
The restriction on operating hours set forth in subsection 3-19.3, does not apply to restaurants, drive-in restaurants, retail food establishments, and retail sales establishments that are licensed for the sale of alcoholic beverages. Hours of operation for those licensees shall continue to be governed separately by N.J.S.A. 33:1-1 et seq. and by applicable Borough ordinances pertaining to the sale of alcoholic beverages.
[Ord. #2015-1569]
The restriction on operating hours set forth in subsection 3-19.3, does not apply to restaurants, drive-in restaurants, retail food establishments, and retail sales establishments operating on property within the Light Industrial (LI) and B-3 Highway Commercial Districts.
[Ord. #2015-1569]
Notwithstanding the restriction on operating hours set forth in subsection 3-19.3, a restaurant, drive-in restaurant, retail food establishment, or retail sale establishment operating on property in the B-1 or B-2 Districts (as shown on the Official Zoning Map of the Borough of Keansburg) may operate 24 hours per day if it meets both of the following two criteria:
a.
The establishment is located on property within the B-1 or B-2 Districts
that:
b.
The establishment uses a retail security camera system meeting the
following criteria:
1.
A security camera system operates via motion sensor 24 hours a day/seven
days a week with at least three security cameras;
2.
At least one of the security cameras has 360° capability;
3.
At least one of the security cameras within the establishment is
completely dedicated to monitoring the public entrance door;
4.
There must be a camera or cameras that monitor the entire area of
the establishment that is accessible by the public; and
5.
The video footage obtained by the security camera system must be
maintained by the establishment for no less than 40 days.
