[1969 Code § 4-3.1; Ord. No. 89-16 § 3; Ord. No. 2007-7 § I]
As used in this section:
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and/or consumption of food.
Shall mean garbage, refuse, junk, scrap and rubbish as defined
herein, and all other waste material which, if thrown or deposited
as herein prohibited, tends to create a danger to public health, safety
and welfare or creates a distraction from the natural beauty of the
landscape.
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 nonputrescible solid waste (except body wastes)
including, but not limited to, 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 noncombustible wastes, such as paper, wrappings, or
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.
[1969 Code § 4-3.2; Ord. No. 88-20 § 1]
a.
No person shall sweep, throw or deposit litter in or upon any occupied,
open or vacant property, whether owned by such person or not, or in
or upon any street, sidewalk, park or other public place, or any pond,
lake, or other body of water within the Borough, except in public
receptacles or in authorized private receptacles for collection, or
in official Borough dumps. Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such manner as
to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place, or upon private property.
b.
There is hereby required litter receptacles and their servicing at
the following public places which exist within the Borough: sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter 1/4 mile
without a receptacle; buildings held out for use by the public, including
but not limited to schools, and public buildings; parks; drive-in
restaurants; all street vendor locations; self-service refreshment
areas, construction sites; gasoline service station islands; shopping
centers; parking lots; marinas, boat moorage and fueling stations;
boat launching areas; public and private piers operated for public
use; beaches and bathing areas; and at special events to which the
public is invited, including but not limited to sporting events, parades,
carnivals, circuses and festivals. The proprietors of these places
or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
[1969 Code § 4-3.3; Ord. No. 88-20 § 5; Ord. No. 2005-08 § IV; Ord. No. 2006-14 § II]
a.
No person, including merchants 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 property shall keep the sidewalk in front of their
premises free of litter.
b.
Every owner, lessee, tenant, occupant or person in charge of any
building or structure is hereby required to keep or cause to be kept
the sidewalk and curb abutting the building and structure free from
construction and nuisances of every kind, and to keep the sidewalks,
areas, backyards, courts and alleys free from litter and other offensive
material.
c.
No person shall sweep into or deposit in any gutter, street, catch
basin or other public place any accumulation of litter or any other
material or item from any public or private sidewalk, driveway or
other source; and every person who owns or occupies the property is
hereby required to keep the sidewalk and curbline in front of his
or her premises or property free of litter or any other material or
item, and is hereby required to collect all sweepings and properly
dispose of it in containers.
d.
No person shall be permitted to spill, dump, or dispose of materials
other than stormwater to the municipal separate storm sewer system
operated by Surf City. The spilling, dumping, or disposal of materials
other than stormwater in such a manner as to cause the discharge of
pollutants to the municipal separate storm sewer system is also prohibited.
1.
Exceptions:
(a)
Water line flushing and discharges from potable water sources.
(b)
Uncontaminated ground water (e.g. infiltration, crawl space
or basement sump pumps, foundation or footing drains, rising ground
waters).
(c)
Air conditioning condensate (excluding contact and non-contact
cooling water).
(d)
Irrigation water (including landscape and lawn watering runoff).
(e)
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
(f)
Residential car washing water, and residential swimming pool
discharges.
(g)
Sidewalk, driveway and street wash water.
(h)
Flows from firefighting activities.
(i)
Flows from rinsing of the following equipment with clean water:
(1)
Beach maintenance equipment immediately following their use
for the intended purposes.
(2)
Equipment use during the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g. shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded. Rinsing of equipment, as noted in the above situation is
limited to exterior, undercarriage, and exposed parts and does not
apply to engines or other enclosed machinery.
[1969 Code § 4-3.4]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Borough, or upon private property.
[1969 Code § 4-3.5; Ord. No. 88-20 § 3]
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 a deposit in any street, alley or other
public place, mud, dirt, sticky substances, litter or foreign matter
of any kind. In addition, trucks or vehicles carrying loads shall
be covered so as to prevent the loads from dropping, leaking or otherwise
escaping.
[1969 Code § 4-4]
No person shall place or throw or cause to be placed or thrown
any advertisement, handbill, circular or other paper on any public
street or sidewalk, or into the vestibule or yard or upon the porch
of any dwelling house or other building or into or on any vehicle
on a public highway or on private property. This section shall not
apply to newspapers and addressed envelopes delivered to the subscribers
and addresses. Advertisements, handbills, circulars and papers may
be distributed in the Borough provided they are securely placed at
each dwelling so as not to be blown away by the wind.
[Ord. No. 77-5 § 2]
As used in this section, all acoustical words and terms shall
have the meanings set forth in the publication of the United States
of America Standards Institute, New York, New York, Acoustical Terminology
cited as US ASI SI 1-1960. All equipment used in making acoustical
measurements shall meet or exceed the requirements set forth in the
publication of the institute entitled Specification for General Purpose
Sound Level Meters, cited as US ASI SI 4-1961, and all such measurements
so made shall be made in full accordance with the methods and procedures
set forth in US ASI SI 2-1962 entitled "Methods for the Physical Measurement
of Sound."
[1969 Code § 4-2.1]
It shall be unlawful and a nuisance for any person to make or
cause or permit to be made upon any premises owned, occupied or controlled
by him, or upon any public street or thoroughfare in the Borough,
any unnecessary noise or sound by means of the human voice or by other
means or methods which is physically annoying to persons or which
is so harsh or so prolonged or unnatural, or unusual in its use, time
or place as to cause physical discomfort, or which is injurious to
the life, health, peace or comfort of any inhabitant of the Borough.
[Ord. No. 80-9]
No person shall cause to be made or permit such noise to be
made, directly or indirectly, by any means whatsoever, any sound that:
a.
Exceeds the following measurements on the 'A' weighing
scale of the sound level meter when measured at any point on the complainant's
property or Borough owned or publicly owned property including streets,
alleyways, thoroughfares, easements or any other property which may
be designated or dedicated for public use:
c.
Exceeds 88 decibels (dBA) on the 'A' weighing scale when
the noise is caused by a vehicle, whether mechanical or not, and measured
within the Borough limits at a distance of at least 25 feet from the
noise source located within the public right-of-way.
[1969 Code § 4-2.4; Ord. No. 77-5 § 6]
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this section, but this enumeration is intended
to be typical only and shall not be construed as being exclusive.
a.
Radios, Television, Phonographs. The playing of any radio receiving
sets, television, musical instruments, phonographs, or other machine
or device for the production or reproduction of sound at a louder
volume than is necessary or convenient for the hearing of the person
playing, using or operating the instrument or device, and the persons
who are voluntary listeners to it, as well as playing any such instruments
in a manner that will disturb the peace, quiet and comfort of neighboring
inhabitants.
b.
Loudspeakers and Amplifiers for Advertising. The playing for advertising
purposes, or for the purpose of attracting the attention of the passing
public, of any radio receiving sets, musical instruments, phonographs,
loudspeakers, sound amplifiers, or other machine or device for the
producing or reproducing of sound on the streets or public places
of the Borough or in any place where the sound from any such instrument
is broadcast directly upon the public streets or public places, or
which is placed and operated in such a manner that the sound can be
heard to the annoyance or inconvenience of travelers upon any street
or public place, or to persons on any neighboring premises.
c.
Sound Trucks. The playing for any purpose whatever on any public
street or thoroughfare in the Borough, any device known as a sound
truck, loudspeaker or sound amplifier, or radio or phonograph with
a loudspeaker or sound amplifier, or any instrument known as a calliope,
or any instrument of any kind which emits loud and raucous noises
and is attached to any vehicle operated or standing upon any street
or public place in the Borough.
d.
Horns, Signalling Devices. The sounding of any horn or warning device
on any automobile, motorcycle, bus or other vehicle, except when required
by law, or when necessary to give a warning of impending danger to
persons driving other vehicles or to persons upon the street, as well
as the sounding of any horn or warning device on any motorcycle, automobile,
bus or other vehicle which emits an unreasonably loud or harsh sound,
or for any unnecessary or unreasonable persons of time.
[1969 Code § 4-1.1]
As used in this section:
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly. It shall also include the colloquial expression "hanging
around."
Shall include any adult person having care or custody of
a minor, whether by reason of blood relationship, the order of any
court, or otherwise.
Shall mean any place to which the public has access, and
shall include any street, highway, road, alley or sidewalk. It shall
also include the front or the neighborhood of any store, shop, restaurant,
tavern or other place of business, and public grounds, areas and parks,
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
section or, in the case of a minor, not owned or under the control
of his parent or guardian.
[1969 Code § 4-1.2]
No person shall loiter in such a manner as to:
a.
Create or cause to be created a danger of a breach of the peace.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest or interfere with any person lawfully in any public place as defined in Subsection 4-4.1. This subsection shall include the making of unsolicited remarks of any offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing they are made.
[1969 Code § 4-1.3]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection 4-4.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1969 Code § 4-1.4]
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this section.
[1969 Code § 4-1.5; Ord. No. 93-8 § 3]
Whenever any minor under the age of 18 years is charged with
a violation of this section, his parent or guardian shall be notified
of this fact by the Director of Police or any other person designated
by him to give such notice.
[1969 Code § 4-1.6]
If at any time within the 30 days following the giving of notice as provided in Subsection 4-4.5, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[Ord. No. 75-6 §§ 1 —
2]
As used in this section:
Shall mean every device propelled by human power upon which
any person may ride, having two tandem wheels either of which is more
than 10 inches in diameter.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices moved by human power or used exclusively upon stationary rails
or tracks.
[Ord. No. 75-6 § 3]
b.
Clinging to Vehicles. No person riding upon any bicycle, coaster,
roller skates, sled or toy vehicle shall attach same or himself to
any streetcar or vehicle upon a roadway.
c.
Riding on Roadways and Bicycle Paths.
1.
Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
2.
Persons riding bicycles upon a roadway shall not ride more than two
abreast except on paths or parts of roadways set aside for the exclusive
use of bicycles.
3.
Whenever a usable path for bicycles has been provided adjacent to
a roadway, bicycle riders shall use the path and shall not use the
roadway.
d.
Carrying Articles. No person operating a bicycle shall carry any
package, bundle or article which prevents the driver from keeping
at least one hand upon the handlebars.
e.
Lamps and Other Equipment.
1.
Every bicycle when in use at night time shall be equipped with a
lamp on the front which shall emit a visible white light, and with
a red reflector on the rear of a type approved by the department which
shall be visible from all distances from 100 feet to 600 feet to the
rear when directly in front of lawful lower beams of head lamps on
a motor vehicle. A lamp emitting a visible red light to the rear may
be used in addition to the red reflector.
2.
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.
3.
Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheel skid on dry, level, clean pavement.
[Ord. No. 75-6 § 4]
a.
Effect of Regulations.
1.
It is a misdemeanor for any person to do any act forbidden or fail
to perform any act required by the provisions of this section.
2.
The parent of any child and the guardian of any ward shall not authorize
or knowingly permit any such child or ward to violate any of the provisions
of this section.
3.
These regulations applicable to bicycles shall apply whenever a bicycle
is operated upon any highway or upon any path set aside for the exclusive
use of bicycles subject to those exceptions stated herein.
b.
Registration. Any person may at any time register all bicycles in
their possession.
1.
Application. Application for a bicycle registration shall be made
upon a form provided by the Borough and shall be made to the Safety
Officer.
2.
Issuance.
(a)
The Safety Officer, upon receiving proper application therefor,
is authorized to issue a bicycle registration which shall be effective
until the next succeeding July 1.
(b)
The Safety Officer shall not issue a registration for any bicycle
when he knows or has reasonable grounds to believe that the applicant
is not the owner of or entitled to the possession of such bicycle.
(c)
The Safety Officer shall keep a record of the number of each
registration, the date issued, the name and address of the person
to whom issued, and the number on the frame of the bicycle for which
issued.
3.
Inspection. The Safety Officer, or an officer assigned such responsibility,
shall inspect each bicycle before registering the same and shall refuse
a registration for any bicycle which he determines is in unsafe mechanical
condition.
4.
Renewal. Upon the expiration of any bicycle registration, the same
may be renewed upon application.
d.
Traffic Ordinances Applicable to Persons Riding Bicycles. Every person
riding a bicycle upon a roadway shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver
of a vehicle by the provisions of this section, except as to the special
regulations in this section and except as to those provisions of this
section, which by their nature have no application.
e.
Obedience to Traffic Control Devices.
1.
Any person operating a bicycle shall obey the instructions of official
traffic control devices applicable to vehicles, unless otherwise directed
by a Police Officer.
2.
Whenever authorized signs are erected indicating that no right or
left or U turn is permitted, no person operating a bicycle shall disobey
the direction of any such sign, except when such person dismounts
from the bicycle to make such turn, in which event such person shall
then obey the regulations applicable to pedestrians.
f.
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.
g.
Riding on Sidewalks. No person shall ride a bicycle upon a sidewalk.
[Ord. No. 75-6 § 4]
Every person convicted of a violation of any provision of this
section shall be punished by a fine of not more than $10 or by impounding
of such person's bicycle for a period not to exceed seven days
or by any combination thereof.
[Ord. No. 72-9; Ord. No. 2000-14 § I; Ord. No. 01-05 § I; Ord. No. 03-04 § I; Ord.
No. 2015-07]
a.
It
shall be unlawful to use any trailer, tent camper, pickup camper,
mobile home, van type camper or tent as living quarters on any property
in the Borough, whether the same be private, public or quasi-public,
or on a public park or street. Further, it shall be unlawful to utilize
any trailer or trailer coach on any street in the Borough for the
purpose of eating or changing clothes therein.
b.
Boxed
or closed trailers as defined below, utilized for the purpose of storage
including but not limited to those utilized for storage during the
construction or renovation of a structure or those utilized for the
purpose of storage in relation to a business, may be utilized provided
that same complies with all ordinances of the Borough of Surf City,
including but not limited to all zoning provisions, side, rear and
front yard setbacks and lot coverage, building codes, BOCA code and
fire code provisions of the Borough of Surf City, County of Ocean
and State of New Jersey or receives site plan approval from the Planning
Board of the Borough of Surf City.
c.
Storage
or placement of a delivered modular or pre-manufactured home, office
or structure of any kind, for any purpose and for any length of time
is prohibited within the Borough of Surf City. Modular or pre-manufactured
homes, office or structure of any kind shall be delivered to the site,
where it is to be constructed and/or placed on a permanent foundation,
on the day of placement. Said delivery and construction shall not
commence any earlier than 7:00 a.m. on weekdays and Saturdays.
[1969 Code § 4-5.1]
No person shall store or permit to be stored upon any lands
within the Borough, any motor vehicle which does not have attached
thereto registration plates authorizing the operation of the vehicle
upon the public streets and highways, unless the motor vehicle is
garaged.
[1969 Code § 4-5.2]
For the purpose of this section:
Shall mean keeping a motor vehicle upon any lands for a period
of more than 60 days.
[Ord. No. 76-4 § 1]
A service station operating within the Borough may store motor
vehicles for a period not to exceed one year after the expiration
of the motor vehicle registration of the vehicles; providing that
vehicles so stored are registered with the Police Department.
[1969 Code § 4-9]
No person shall engage in construction work, haul, fill or gravel
over any public street, or use any bulldozer, grading machine or concrete
mixer on Sunday, unless such work is necessary for the protection
of life or property and is performed pursuant to the declaration of
an emergency by the governing body or by the Mayor.
[1969 Code § 4-7.1]
No person shall intentionally, willfully or maliciously destroy
or injure any of the wires, post, machines, bells, sirens, boxes,
box or other apparatus of any fire alarm system or intentionally,
willfully or maliciously interfere with the same or any part thereof,
or hinder or impede any of the operation intended to be accomplished
thereby, or intentionally cause or assist in causing a false alarm
of fire to be given in any manner.
[1969 Code § 4-7.2]
No person shall interfere with or hinder any member of any fire
company or first aid squad while engaged in the performance of his
duties or while on practice duty, nor shall any person disobey any
order of any fireman while on active duty at any fire within the Borough
nor any member of the first aid squad while on active duty; nor shall
any person ride over or otherwise damage any fire hose, open any fire
hydrant without written permission of the Water Superintendent (except
qualified firemen), or otherwise interfere with, damage or destroy
any property or equipment of any fire company within the Borough.
[1969 Code § 4-10.1; Ord. No. 73-2]
As used in this section:
Shall mean a unit of more than two individual persons at
least three of whom are under the age of 18 years.
[1969 Code § 4-10.2]
No room, rooms, apartment, cottage or house in the Borough shall
be rented to, by or for any group of minors unless and until the following
regulations have been complied with:
a.
Every group of minors when occupying a room, rooms, apartment, cottage
or house shall be under the direct, immediate and personal supervision
of a parent or guardian of one of the minors in the group, or a competent
adult person having charge of and being responsible for the proper
conduct of minors.
b.
Before any room, rooms, apartment, cottage or house shall be occupied
by a group of minors, the parent, guardian or adult person (as the
case may be) referred to in the preceding subsection, shall report
to the Police Department and register for the group of minors in his
or her custody, giving the name and address of the parent, guardian
or adult person having a charge of such group of minors.
d.
No landlord, real estate broker or owner of any room, rooms, apartment,
cottage or house shall permit the same to be occupied by or used for
any group of minors unless and until the lease is signed by a parent
or guardian of one of the minors in the group or by a competent adult
person having charge of the group of minors and being responsible
for their proper conduct.
[1969 Code § 4-10.3]
No lease shall be sublet or assigned for use by another group
of minors unless and until the same provisions are made and carried
out as to the subletting or assignment as provided in this section
for the original lease.
[1969 Code § 4-10.4]
No parent, guardian or adult person who shall have charge of
a group of minors for the purposes stated herein shall have a criminal
record.
[1969 Code § 4-6.1]
As used in this section:
Shall mean any check, draft, order or other instrument for
the payment of money drawn upon any bank or other depository.
Shall mean the making, drawing, altering, tendering or delivering
of a check.
[1969 Code § 4-6.2]
It shall be unlawful for any person, either for himself or as
agent or representative of another person, or as an officer or agent
of any corporation, or as a member of a partnership, with intent to
defraud, to make, draw, utter or deliver any check, draft or order
for the payment of money in a sum not in excess of $200, upon any
bank or other depository, knowing at the time of so doing that the
maker or drawer has no funds or insufficient funds in, or credit with,
such bank or other depository for the payment in full of such instrument
upon its presentation, although no express representation is made
in reference thereto.
[1969 Code § 4-6.3]
The making, drawing, uttering or delivering of a check, draft
or order as stated in the foregoing section shall be prima facie evidence
of intent to defraud, and the certificate of protest of nonpayment
of same shall be presumptive evidence that there were no funds or
insufficient funds in or credit with such bank or other depository
and that the person making, drawing, uttering or delivering the instrument
knew that there were no funds or insufficient funds in or credit with
such bank or other depository.
[Ord. No. 72-10; Ord. No. 81-6; Ord. No.
88-20 § 4; Ord. No. 2005-08 § III]
No person shall, within the Borough:
a.
Be intoxicated or drunk or disorderly in any public omnibus, street,
beach, thoroughfare or on any sidewalk or in any private house, home
or in any boardinghouse, store, restaurant or other private, public
or quasi-public place or house;
b.
Appear on any street, park, beach, or other public place in a state
of nudity, or make an indecent exposure of his or her person or commit
or do any lewd or indecent act or behave in a lewd or indecent manner;
c.
Keep or maintain or be present in 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 or ill-fame;
d.
Solicit, invite or in any manner suggest by word of mouth or any
writing or other communication or by any device whatsoever any lewd,
lascivious or other immoral act;
e.
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;
f.
Maliciously destroy, damage or injure any property, public or private;
g.
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating
odor, or any odor that may be vile, offensive, obnoxious or nauseating
to any of the residents of the Borough;
h.
Cause or permit to be emitted any fumes, gases, vapors, steam or
other substances of a nature, or of such quantity as to be injurious
to life, health, plants, trees, produce of the soil, buildings or
other property;
i.
Possess, keep or maintain any faro table, roulette wheel, equipment
or supplies for lottery and numbers game or other games of chance,
or any pinball machine designed for gambling, or other gambling device
whatever;
j.
Carry without lawful authority any revolver, pistol or other instrument
of the kind known as a blackjack, sling shot, blow gun or similar
device, billy sand club, sand bag, bludgeon, metal knuckles, dagger,
dirk, dangerous knife, stiletto, bomb or other high explosive concealed
in or about his or her clothes or person or in any portable vehicle,
automobile, motorcycle or other vehicle. Nothing herein contained
shall be construed in any way to prohibit the carrying or transportation
of any firearms for hunting target practice, trap shooting or any
similar lawful purpose which now or may hereafter be permitted by
law;
k.
Possess, keep, sell, distribute or discharge any firecrackers, Roman
candles, sky rockets or any fireworks of any explosive nature commonly
used as fireworks display;
l.
Fire or discharge within the limits of the Borough any cannon, gun,
pistol, revolver, firearm, firecrackers or fireworks of any description,
in a careless, negligent or reckless manner, so as to endanger the
life, welfare or property of anyone, provided that this section shall
not apply.
m.
Have upon his or her person or in his or her possession any pick-lock
key, crow, jack, bit or other implement with any intent to break and
enter into any building.
n.
Go about from door to door or place himself or herself on any sidewalk,
street, beach, store or other public place or places to beg or gather
alms.
o.
Participate in any practice, sport or exercise which would create
a danger to any person or persons on any sidewalk, street, park, beach
or other public place.
p.
Enter any building or any public or private lands to break, injure
or deface such building or any part thereof or the fences, outhouses,
or other property belonging to or connected with such building.
q.
Hinder or obstruct any Borough officer in the performance of his
duties or willfully refuse or neglect to assist any Borough officer
when lawfully called upon by him to do so in the execution of any
process or in the suppression of any breach of the peace or disorderly
conduct or in case of escape or when such officer is resisted in the
discharge of his duty; or 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.
r.
Willfully, wantonly, carelessly, recklessly or negligently run into
or collide with any fire hydrant so to injure, damage or destroy same.
s.
Enter upon or trespass upon the land or property of any person, or
upon the lands and premises of the Borough, or of any public or quasi-public
body, without lawful permission to do so.
t.
Use a loud speaking device or apparatus, separate or attached to
a mobile vehicle, not for advertising of any kind, nor shall any person
use such loud speaker for any other purpose unless specifically permitted
by some other law or ordinance.
u.
Open any public street in the Borough, for any purpose without having
first obtained a written permit from the Superintendent of Water Department
or the Borough Clerk to do so, nor fail to adequately protect the
opening by barricades in the daytime and barricades and red lights
at night, nor fail to properly replace the street surface in its original
condition within the time specified in the permit.
v.
At any time consume alcoholic beverages or have in his or her possession an opened container containing alcoholic beverage upon any street, sidewalk, beach, or in any automobile or other vehicle parked upon any street, highway, or alley or in any public building or public place, except in a licensed establishment, as regulated by the provisions of Chapter 6 of this Revision on alcoholic beverage control.
w.
Place any garbage, litter, refuse, rubbish, recyclable material or
other material of any sort, kind or description at the curb or any
other place within the Borough for collection by the Sanitation and
Recycling Department, except in an authorized private receptacle,
in accordance with the rules and regulations of the Department of
Sanitation and Recycling and, further, unless the person placing the
garbage, litter, refuse, rubbish, recyclable material or other material
is the owner, tenant or guest of the owner or tenant of the real property
abutting the curb where such placement is made.
x.
Place any garbage, litter, refuse, rubbish, trash, recyclable material
or any other material in any authorized private receptacle, except
that the owner, tenant or guest of the owner or tenant may make such
placement in the authorized private receptacle provided by the owner
or tenant of the dwelling house occupied by the person or persons
seeking to dispose of such garbage, litter, refuse, rubbish, trash,
recyclable material or any other material.
y.
Feed or allow to be fed, any nonconfined wildlife in any public park,
playground, beach, boat ramp or any other property owned and/or operated
by the Municipality.
[1969 Code § 4-12.3]
All fines imposed and collected under and by virtue of this
section shall be paid into the Borough Treasury.
[Ord. No. 91-13 § 1]
As used in this section:
Shall mean any operation in which a vehicle is moved without
the use of its own tires or wheels, except in the case of a motorcycle
or scooter.
Shall mean a person who is in actual physical control of
the vehicle.
Shall mean a person who holds the legal title of a vehicle
or if a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance
of the conditions state in the agreement and with an immediate right
of possession vested in the conditional vendee or lessee, or if a
mortgagor of a vehicle is entitled to possession, then the conditional
vendee, lessee or mortgagor shall be deemed the owner for the purpose
of this section.
Shall mean any person, firm or corporation engaged in the
business of providing wrecker services and storage services for vehicles
towed, which services are made available to the general public upon
such rates, charges and fees as determined by the person, firm or
corporation.
Shall mean the combined operation of removing and then replacing
a transmission locking pin, when such operation is necessary before
a vehicle can be moved.
Shall mean any operation in which a vehicle is moved onto
a roadway, from a position off the roadway or any operation in which
substantial work is required to prepare a vehicle for normal towing.
Shall mean a vehicle driven by mechanical power and employed
for the purpose of towing, transporting, conveying or removing any
and all kinds of vehicles, or parts of vehicles which are unable to
be operated under their own power, for which a service charge or fee
is exacted.
[Ord. No. 91-13 § 1]
Specifically exempted from being regulated under this section
are towing operators providing towing, transporting, conveying or
removing of vehicles from private property within the Borough who
are directly and privately engaged or designated by the owner and/or
operator of the vehicle to be towed, transported, conveyed or removed
or the owner of the private property which the vehicle is located
thereon.
[Ord. No. 91-13 § 1]
Safety equipment to be carried on all trucks shall include approved
Police emergency portable lights; universal towing sling; dolly wheels;
tow hooks and chains; two high test safety chains; auxiliary safety
light kit to place on rear of towed vehicle; tool box with an assortment
of hand tools and emergency pry bars; working lights; shovel and broom;
steering wheel lock or tie down.
[Ord. No. 91-13 § 1]
a.
Each towing operator, prior to departure from the scene of towing
services, shall clean and clear the streets of any debris resulting
from any accident at such scene and shall at all times carry the necessary
equipment to perform such cleaning services.
b.
Towing operators shall arrive at the scene to which dispatched within
a reasonable time after being dispatched. Under normal circumstances,
such reasonable time limit is defined as within 1/2 hour. Next operator
on the list shall be on standby when additional help is needed. If
the next towing operator on the list is unable to provide adequate
service, the Surf City Police Department reserves the right to select
the best qualified towing operator to perform the service required.
c.
When any unusual situation occurs which may be dangerous to the safety
of the public or other unusual circumstances, the most qualified towing
operator, in the discretion of the Surf City Police Department will
be selected.
d.
Where no other designation has been made, towing operators are authorized
to remove the vehicle to the towing operator's place of business.
e.
In all cases where vehicles are to be towed for illegal parking,
summonses or for other purposes where summons shall be issued prior
to towing, such vehicle shall not be released from Police custody
unless the owner of the vehicle furnishes the Police Department with
a receipt that towing service and storage fees have been paid.
f.
When the owner of a vehicle desires to retrieve or take possession
of same from a tower hereunder, he/she must, after payment of towing
and storage fees, obtain a release slip from the Police Department
and exhibit a copy thereof to the tower/operator.
g.
The Surf City Police Department shall keep and maintain a log record
of calls to towing operators under this section. The record shall
be available for public inspection upon reasonable notice.
h.
Towing operators shall provide to the Municipal Clerk a complete
towing fee and storage fee schedule and related regulations which
shall be updated annually. The schedules shall be made available to
the public during normal municipal office hours.
i.
Each towing operator shall have on the place of business an area
designated for the storage of towed vehicles. Operator shall provide
for the reasonable security of those vehicles stored on their lot.
j.
All towing operators and their employees shall be fully trained and
knowledgeable in the operation of all required equipment.
[Ord. No. 91-13 § 1]
Any person requiring emergency towing service as prescribed
by this section shall have the option to engage an operator of his/her
choice; provided, however, that the operator is immediately available
to provide the service. If the operator is not immediately available
and in the judgment of the Police Officer, the delay in waiting for
the operator, will create an unreasonable traffic or safety hazard,
the officer shall immediately provide for the towing of the vehicle
by the designated operator, pursuant to the towing schedule. The owner
shall have the option to engage his own operator only if he/she signs
a release to the Township Police for liability thereof.
[Ord. No. 91-13 § 1]
All towing operators shall maintain and produce proof of the
following insurance coverage to the Municipal Clerk:
a.
Workman's Compensation Insurance for all employees as required
by statute.
b.
Liability Insurance: $500,000.
|
Proof of insurance shall be by way of a Certificate of Insurance
which also names the Borough of Surf City as additional insured and
shall provide that the Borough receive 30 days' advance notice
in writing in the event of cancellation.
|
[Ord. No. 91-13 § 1]
The operator shall indemnify, defend and hold harmless the Borough
of Surf City from any and all claims against the Borough arising out
of the operation of the operator, his servants, agents or employees
under this section. The operator shall provide a written hold harmless
agreement, duly executed to the Municipal Clerk prior to being placed
on the towing schedule.
[Ord. No. 91-13 § 1]
Towing shall be scheduled on a per call basis. In the event
that the dispatcher or other duly authorized person or officer attempts
to contact the scheduled operator and there is no response to the
call or the operator called cannot physically handle the safe removal
of any certain vehicle, the dispatcher or other duly authorized person
or officer shall then notify the next operator on the list to respond
to the call.
[Ord. No. 91-13 § 1]
The maximum fees to be charged by the towing operator to the
motor vehicle operators or owners thereof shall be as follows with
mileage being calculated based on the total distance traveled from
the tow vehicles based of service to the job site and return, by way
of the shortest available route. Fractions shall be rounded up to
the nearest whole mile. Towing fee shall include the first twenty-four-hour
of storage of a vehicle.
a.
Towing of Accident and Theft Related Vehicles.
|
Days — 8:00 a.m. to 4:30 p.m. Monday through
Friday, except New Jersey State Holidays:
| |
|
First mile or less
|
$35
|
|
Each additional mile
|
$1.75
|
|
Nights, Weekends and New Jersey State Holidays:
| |
|
First mile or less
|
$45
|
|
Each additional mile
|
$1.75
|
b.
Storage.
|
Inside Building:
| |
|
21 or more spaces
|
$13
|
|
10-20 spaces
|
$18
|
|
Less than 10 spaces
|
$22
|
|
Outside Secured:
| |
|
21 or more spaces
|
$9
|
|
10 to 20 spaces
|
$11
|
|
Less than 10 spaces
|
$13
|
|
Outside Unsecured:
| |
|
21 or more spaces
|
$7
|
|
10 to 20 spaces
|
$9
|
|
Less than 10 spaces
|
$10
|
[Ord. No. 91-13 § 1]
Additional charges may be made by any towing operator for towing
or storage of vehicles in excess of 3/4 ton, including tractor trailers,
for services involving unusual wrecks, disassembled vehicles, embankment
retrievals, disaster scenes, beach removals and for towing to a location
outside the Borough pursuant to an express request by the owner or
operator of the vehicle to be so moved.
[Ord. No. 91-13 § 1]
The Borough of Surf City shall charge a rate of $10 per day
storage fee for vehicles stored in unsecured lot owned and operated
by the Borough.
[Ord. No. 91-13 § 1]
The governing body hereby designates the Surf City Police Department
as the supervising authority to enforce the provisions of this section.
[Ord. No. 94-12 § 1; Ord. No. 99-8 § I; Ord. No. 99-11 § I]
In accordance with and pursuant to the authority of L. 1988,
c.44 (C.2C:35-7), the Drug-Free Zone Map produced on or about March
9, 1999 by the firm of Bay Pointe Engineering Associates, Inc. and
certified as to on July 6, 1999, is hereby approved and adopted as
an official finding and record of the location and areas within the
municipality of property which is either owned or leased to any elementary
school or school board, and the areas on or within 1,000 feet of such
school property and/or within 500 feet of the real property comprising
a public housing facility, a public park or a public building.
[Ord. No. 94-12 § 2; Ord. No. 99-8 § II; Ord. No. 99-11 § II]
The Drug-Free Zone Map approved and adopted pursuant to Subsection 4-14.1 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 which is either owned or leased to any elementary 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 Zones.
[Ord. No. 94-12 § 3; Ord. No. 98-8 § III; Ord. No. 99-11 § III]
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 Municipal Administrator
and/or Municipal Clerk of any changes or contemplated changes in the
location and boundaries of any property owned by or leased to any
elementary or secondary school or school board and which is used for
school purposes.
[Ord. No. 99-8 § IV; Ord. No. 99-11 § IV]
The Drug-Free Zone Map approved and adopted pursuant to Subsection 4-14.1 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 real property comprising a public housing facility, a public park or a public building, which is 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 real property and Drug-Free Zones.
[Ord. No. 99-8 § V; Ord. No. 99-11 § V]
The Chief Administrative Officer is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Administrator
and/or Municipal Clerk of any changes or contemplated changes in the
location and boundaries of any real property comprising a public housing
facility, a public park or a public building.
[Ord. No. 94-12 § 4; Ord. No. 99-8 § VI; Ord. No. 99-11 § VI]
The Municipal Clerk of the municipality is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to Subsection 4-14.1 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 County Clerk and to the Office of the Ocean County Prosecutor.
[Ord. No. 94-12 § 5; Ord. No. 99-8 § VII; Ord. No. 99-11 § VII]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to Subsection 4-14.1 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:
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 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.
5.
The location of real property comprising a public housing facility,
a public park or a public building within the municipality.
6.
The boundaries of the real property comprising a public housing facility,
a public park or a public building;
7.
That such real property comprising a public housing facility, a public
park or a public building property is and continues to be used for
said purposes, and
8.
The location and boundaries of areas which are on or within 500 feet
of such real property comprising a public housing facility, a public
park or a public building.
b.
Except as is otherwise expressly noted on the face of the approved
and adopted map, all of the property depicted on the map approved
and adopted 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 L. 1987 c.101 (C.2C:35-7).
c.
All of the real property depicted on the map approved and adopted
herein as real property comprising a public housing facility, a public
park or a public building was being used as a public housing facility,
a public park or a public building as of January 9, 1998, that being
the effective date of L. 1997 c.327 § 1 (C.2C:35-7.1).
d.
Pursuant to the provisions of L. 1988, c.4, 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 4-14.1 of this section. 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, or real property comprising a public housing facility, a public park or a public building, 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 on 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 or that such real property is not comprising a public housing facility, a public park or a public building or that such property is not being used as a public housing facility, a public park or a public building.
e.
All of the requirements set forth in L. 1988, c.44 et seq. concerning
the preparation, approval and adoption of a Drug-Free Zone Map have
been complied with.
[Ord. No. 2000-12 § I]
The purpose of this section is to provide for the enforcement
of P.L. 2000 c.33.
[Ord. No. 2000-12 § I]
As used in this section:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
Shall mean the underaged person's grandparent, aunt
or uncle, sibling, or any other person related by blood or affinity.
[Ord. No. 2000-12 § 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 a 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 vocational
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.
[Ord. No. 2005-08 § V; Ord. No. 2006-14 § 1]
An illicit connection is any physical or nonphysical connection
that discharges domestic sewage, non-contact cooling water, process
wastewater, or other industrial waste (other than stormwater) to the
municipal separate storm sewer system operated by the sewer authority,
unless that discharge is authorized under a NJDES permit other than
the Tier A Municipal Stormwater General Permit. Nonphysical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the municipality any domestic sewage, non-contact cooling
water, process wastewater, or other industrial waste (other than stormwater).
[Added 3-14-2018 by Ord. No. 2018-03]
As used in this section, the following terms have the meanings
indicated:
All parts of the plant genus Cannabis L., whether growing
or not; the seeds thereof; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant; but shall not include
the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other product.
An entity licensed to cultivate marijuana and sell marijuana
to marijuana producers, to marijuana product manufacturing facilities,
and to other marijuana cultivation facilities, but not to consumers.
A marijuana cultivation facility, a marijuana testing facility,
a marijuana product manufacturing facility, or a marijuana retailer.
Any equipment, products, or materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composing, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing marijuana,
or for ingesting, inhaling, or otherwise introducing marijuana into
the human body.
An entity licensed to purchase marijuana; manufacture, prepare,
and package marijuana items; and sell items to other marijuana product
manufacturing facilities and to marijuana retailers, but not to consumers.
An entity licensed to purchase marijuana from marijuana cultivation
facilities and marijuana items from marijuana product manufacturing
facilities or marijuana wholesalers and to sell marijuana and marijuana
products to consumers.
An independent, third-party entity meeting accreditation
requirements established by the Division that is licensed to analyze
and certify the safety and potency of marijuana items.
a.
The sale, resale, purchase, acquisition, distribution, dispensation,
and cultivation of marijuana and marijuana paraphernalia are prohibited
in the Borough of Surf City, notwithstanding any nonpreemptive federal
or state law to the contrary.
b.
Marijuana cultivation facilities, marijuana product manufacturing
facilities, marijuana testing facilities, marijuana retailers, and
marijuana establishments are prohibited in the Borough of Surf City,
notwithstanding any nonpreemptive state or federal law to the contrary.
The prohibitions imposed pursuant to this section do not apply
to the "medical use of marijuana" by qualifying patients pursuant
to the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A.
24:6I-1 et seq., and regulations promulgated thereunder.
a.
The Police Department, Division of Code Enforcement, and the Zoning
Officer, as applicable, are charged with enforcing this section.
b.
Any person or entity violating this chapter shall be subject to the
maximum fines and penalties established under N.J.S.A. 40:49-5 and
any subsequent amendments to the statute.
If any provision of this section is invalidated, pre-empted,
or superseded by any state or federal law, regulation, or judicial
decision, that provision shall be severed and the remainder of the
section shall remain in full force and effect.
