[Ord. #235; Ord. #628; 1972 Code § 65-1]
This section shall be cited as the "Noise Control Regulations
of the Borough of Brielle".
[Ord. #628; 1972 Code § 65-2]
Excessive noise is a serious hazard to the public health and
welfare and the quality of life; and a substantial body of science
and technology exists by which excessive noise may be substantially
abated; and the people have the right to and should be ensured an
environment free from noise that may jeopardize their health or welfare
or degrade the quality of life. The necessity in the public interest
for the provisions and prohibitions hereinafter contained and enacted
is declared as a matter of legislative determination and public policy
and the provisions and prohibitions hereinafter contained and enacted
are in pursuance of an ordinance for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare, and the
peace and quiet of the residents of the Borough of Brielle. Now, Therefore,
it is the policy of the Borough to prevent noise which may jeopardize
the health or welfare of its citizens or degrade the quality of life.
[Ord. #235; Ord. #628; 1972 Code § 65-1]
All terminology used in this section, not defined below, shall
be in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body.
[Ord. #235; Ord. #628; 1972 Code § 65-4]
As used in this section:
Shall mean the sound pressure level as measured in decibels
on a sound level meter using the A-weighting network. The level so
read shall be designated dB(A) or dBA.
Shall mean the sound pressure level of the all-encompassing
noise associated with a given environment, being usually a composite
of sounds from many sources and/or the A-weighted sound pressure level
exceeded 90% of the time/L90 based on a one hour period.
Shall mean a steady, fluctuating, or impact noise which exists,
essentially without interruptions, for a period of one hour, or more.
Shall mean a steady, fluctuating, or impulsive noise which
may or may not contain a pure tone, which varies in sound pressure
level such that the same level is obtained repetitively at reasonably
uniform intervals of time.
Shall a logarithmic (dimensionless) unit of measure often
used in describing the amplitude of sound. Decibel is denoted as "dB."
Shall mean any municipal agency.
Shall mean any mechanism which is intended to produce, or
which actually produces noise when operated or handled.
Shall mean a motor vehicle used in response to a public calamity
or to protect persons or property from imminent danger.
Shall mean work made necessary to restore property to a safe
condition following a public calamity, work to restore public utilities,
or work required to protect persons or property from an imminent exposure
to danger.
Shall mean the sound pressure level of a fluctuating noise
varies more than 6 dB(A) during the period of observation when measured
with the slow meter characteristics of a sound level meter, and does
not equal the previously existing ambient noise level more than once
during the period of observation.
Shall mean any vehicles which are propelled or drawn by mechanical
equipment, such as, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibiocraft on land, dune buggies, or racing vehicles.
Shall mean any vehicles which are primarily operated on water,
such as boats, barges, amphibious craft or hover craft, and which
are at any time propelled by mechanical power.
Shall mean any apparatus consisting of baffles, chambers,
or acoustical absorbing materials whose primary purpose is to transmit
liquids or gases while causing a reduction in sound emission at one
end.
Shall mean sound which is unwanted or which causes or tends
to cause an adverse psychological effect on human beings.
Shall mean any sound which annoys, disturbs or perturbs reasonable
persons with normal sensitivities; or any sound which injures or endangers
the comfort, repose, health, hearing, peace or safety of other persons.
Shall mean individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of the United States, a state or any political sub-division of the
state.
Shall mean any noise for which the information content of
that noise is unambiguously communicated to the listener, such as,
but not limited to, understandable spoken speech or comprehensible
musical rhythms.
Shall mean any powered vehicles, either airborne, waterborne,
or landborne, which are designed not to carry persons or property
such as, but not limited to, model airplanes, boats, cars, rockets,
and which can be propelled by mechanical means.
Shall mean an imaginary line at the ground surface, which
separates the real property owned by one person from that owned by
another person, and its vertical extension.
Shall mean any street, avenue, boulevard, highway, alley,
or public space which is owned or controlled by a public government
entity.
Shall mean any noise which can be distinctly heard as a single
pitch or a set of single pitches. For the purposes of measurement,
a pure tone shall exist if the one-third octave band sound pressure
level in the band with the tone exceeds the arithmetic average of
the sound pressure levels of the two contiguous one-third octave bands
by 5 dB for frequencies of 500 Hz and above, by 8 dB for frequencies
between 160 and 400 Hz and by 16 dB for frequencies less than or equal
to 125 Hz.
Shall mean any noise which is composed of impulsive noises
that are repeated at sufficiently slow rates such that a sound level
meter set at "fast" meter characteristic will show changes in sound
pressure level greater than 2 dB(A).
Shall mean a temporal and spatial oscillation in pressure,
or other physical quantity, in a medium with internal forces that
causes compression and rarefaction of that medium, and which propagates
at finite speed to distant points.
Shall mean an instrument, which includes a microphone, amplifier,
RMS detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels.
Shall mean the instantaneous difference between the actual
pressure and the average or barometric pressure at a given point in
space.
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.
Shall mean any device, fixed or movable, which is located
or used on geographically defined, real property other than a public
right-of-way.
Shall mean a sound pressure level which remains essentially
constant during the period of observation, i.e., the fluctuations
are too small to meet the criterion for fluctuating noise.
[Ord. #235; Ord. #628; 1972 Code § 65-5]
It shall be the duty and responsibility of the Police Department
of the Borough to enforce the provisions of this section.
[Ord. #235; Ord. #628; 1972 Code § 65-6]
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 or 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. #235; Ord. #628; 1972 Code § 65-7]
In order to implement the purposes of this section, the Police
Department, the Code Enforcement Officer, Zoning Officer or any qualified
operator of noise equipment approved by the Governing Body shall have
the power to:
a.
Conduct, or cause to be conducted, studies, research, and monitoring
related to noise.
b.
Conduct programs of public education regarding the causes and effects
of noise but not giving specific advice for its abatement, and to
encourage the participation of public interest groups in related public
information efforts.
c.
For reasonable cause and upon presentation of proper credentials,
enter any building, property, premises, or place and inspect any noise
source for the purpose of ascertaining the compliance or non-compliance
with any provision of this ordinance, or have access to, and require
the production of, books and papers pertinent to any matter under
investigation.
d.
Require the owner or operator of any noise source to establish and
maintain records and make such reports as the Police Department may
reasonably prescribe.
e.
Require the owner or operator of any noise source to measure the
noise emissions thereof in accordance with such methods and procedures
and at such locations and times as the Police Department may reasonably
prescribe.
[Ord. #235; Ord. #628; 1972 Code § 65-8; Ord. No. 1055-2016]
It shall be unlawful for a person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which does or is likely to annoy, disturb, injure or endanger
the comfort, repose, health, peace or safety of others.
[Ord. #235; Ord. #628; 1972 Code § 65-9; New; Ord.
#874; Ord. #940; Ord. #968; Ord. #973; Ord. No. 1055-2016; Ord. No. 1061-2017;
amended 9-13-2021 by Ord. No. 1109]
The following acts, among others, are declared to be loud, disturbing,
or excessive noise in violation of this section, but these enumerations
shall not be deemed to be exclusive, namely:
a.
Radios, Television Sets, Amplifiers and Similar Devices. The playing,
use or operation of any radio receiving set, television, musical instrument,
amplifier, phonograph or other machine or device for producing or
reproducing of sound in such manner as to disturb the peace, quiet
and comfort of neighboring inhabitants or with louder volume than
is necessary for convenient hearing for persons who are in the room,
vehicle or chamber in which the machine or device is operated and
who are voluntary listeners. The operation of such a set, instrument,
amplifier, phonograph, machine or device so that it is clearly audible
at a distance of 100 feet from the building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this section.
1.
Operating or permitting the use or operation of any radio receiving
set, musical instrument, television, phonograph, drum, or other device
for the production or reproduction of sound, in such a manner as to
cause a noise disturbance; or
2.
Operating any such device between the hours of 10:00 p.m. and 8:00
a.m. the following day in such a to two parties within a building
or plainly audible at 50 feet from such device when operated within
a motor vehicle parked on a public right-of-way or on a public space,
or within a motorboat.
b.
Exterior Loudspeakers. Using or operating any mechanical device or
loudspeaker in a fixed or movable position exterior to any building,
or mounted upon any aircraft, motor vehicle or motorboat such that
the sound therefrom is plainly audible at or beyond the property boundary
of the source, or on a public way between the hours of 10:00 p.m.
and 8:00 a.m. the following day.
c.
Loading Operations. Loading, unloading, opening or otherwise handling
boxes, crates, containers, garbage cans, or otherwise similar objects
between the hours of 6:00 p.m. and 7:00 a.m. during the week (Monday
through Friday). Loading operations shall be prohibited between the
hours of 8:30 a.m. and 3:30 p.m. on Saturday. No loading operations
shall be permitted on Sunday.
d.
Operating or causing to be operated any equipment used by contractors
in commercial or residential construction, repair, alteration or demolition
work on buildings, structures, streets, alleys, or appurtenances thereto,
in residential or commercial land use categories at any time other
than between 7:30 a.m. and 6:00 p.m. weekdays and between 9:30 a.m.
and 3:00 p.m. Saturdays. Nothing in this section shall be construed
as to apply to any Federal, State or County agency, undertaking a
construction project that is deemed to be in the public interest.
e.
Vehicle Repairs or Testing. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of subsection 3-1.11.
f.
Places of Public Entertainment.
1.
Operating, or permitting to be operating, any loudspeaker or other
source of sound in any place of public entertainment which produces
maximum levels of 90 dB(A) at any point that is normally occupied
by a human being as read with the slow response on a sound level meter,
without a conspicuous and legible sign located outside such place,
near the entrance, stating "WARNING. SOUND ENVIRONMENT WITHIN MAY
CAUSE TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT WITH
CONTINUED EXPOSURE."
2.
Owners and/or Operators of public entertainment shall also be directly
responsible for any noises emanating from their property, outside
of building such as patio, parking lot, walkways, porches, but not
limited thereto.
g.
Powered Model Vehicles. Operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table I of subsection 3-1.11 and shall be measured at the property boundary of the source or at a distance of 100 feet, if it is operated in a public place.
h.
Refuse Compacting Vehicles. The operating or permitting the operation
of any motor vehicle which can compact refuse and which creates, during
the compacting cycle, a disturbing noise between the hours of 6:00
p.m. and 7:00 a.m. during the week (Monday through Friday). The operation
of refuse compacting vehicles shall be prohibited on Saturday except
during the period 8:30 a.m. to 3:30 p.m. The operation of such a vehicle
on Sunday is prohibited. The hours of operating or permitting the
operation of any motor vehicle which can compact refuse, as the result
of a duly authorized contract between the compacting entity and the
Borough of Brielle, shall adhere to the hours of operation established
by the contract.
i.
Standing Motor Vehicles. Operating or permitting the operation of
the motor of any motor vehicle whose manufacturer's gross weight is
in excess of 10,000 pounds or any attached auxiliary equipment for
a period longer than three minutes in any hour which such vehicle
is stationary on a public right-of-way in a residential district or
in any designated quiet zone, or in or on private property in a residential
or commercial zone and is not within a completely enclosed structure.
j.
Bells and Alarms. The sounding or permitting the sounding of any
exterior burglar alarm on any building or motor vehicle unless such
burglar alarm shall terminate its operation within 15 minutes of its
being activated. Any motor vehicle upon which a burglar alarm has
been installed shall prominently display the telephone number at which
communication may be made with the owner of such motor vehicle.
k.
Stationary Emergency Signaling Devices. 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
7:00 a.m. or after 8:00 p.m. Any such testing shall only use the minimum
cycle test time.
l.
Power Tools; Garden Equipment. Operating, or permitting to be operated
any powered saw, chain saw, sander, drill, grinder, garden equipment,
lawn mower, leaf blower or tools of like nature, used primarily for
domestic purposes, outdoors in residential zones at any time other
than between 8:00 a.m. and 7:00 p.m. weekdays and between 9:00 a.m.
and 6:00 p.m. on Saturdays and between 11:00 a.m. and 5:00 p.m. on
Sundays and holidays.
[Ord. #235; Ord. #628; 1972 Code § 65-10]
Noise caused in the performance of emergency work for the immediate
safety, health or welfare of the community or individuals of the community,
or to restore property to a safe condition following a public calamity
shall not be subject to the provisions of this section. Nothing in
this section shall be construed to permit law enforcement, ambulance,
fire, or other emergency personnel to make excessive noise in the
performance of their duties when noise is clearly unnecessary. The
use of stationary emergency signaling devices shall be for emergency
use only.
[Ord. #235; Ord. #628; 1972 Code § 65-11; Ord.
#874]
Maximum Permissible Continuous Sound Pressure Levels. It shall
be unlawful for any person to operate, or permit to be operated, any
stationary source of noise in such a manner as to create a sound pressure
level which exceeds the limits set forth for the receiving land use
(Land Use Category) in Table I when measured at the property boundary.
When a noise source can be identified and its noise measured in more
than one land use category, the limits of the most restrictive use
shall apply at the boundaries between different land use categories.
|
Table I
| ||
|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Pressure Level Limit dB(A)
|
|
R-1, R-2, R-2A
|
8:00 a.m. - 10:00 p.m.
|
65
|
|
10:00 p.m. - 8:00 a.m.
|
45
| |
|
R-3, R-4 and R-5
|
8:00 a.m. - 10:00 p.m.
|
65
|
|
10:00 p.m. - 8:00 a.m.
|
45
| |
|
C-1, C-2 and C-3
|
At all times
|
65
|
[Ord. #235; Ord. #628; 1972 Code § 65-12]
Maximum Permissible Noise Levels of Motor Vehicles on Public Rights-of-Way. No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by said vehicle exceeds the levels set forth in Table II when measured at the location established by subsection 3-1.13. This section shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.
|
Table II
| ||
|---|---|---|
|
Sound pressure level, dB(A)
| ||
|
Vehicle Class
|
Speed Limit
35 mph or less
|
Speed Limit
35 mph or more
|
|
Federally Registered Interstate Motor Carrier
|
86
|
90
|
|
All other motor vehicles with a manufacturer's gross vehicle
rating of 10,000 pounds or more, and any combination of vehicles towed
by such motor vehicle
|
92
|
96
|
|
Motorcycles
|
88
|
92
|
|
Any other motor vehicle and any combination of vehicles towed
by such motor vehicle
|
82
|
88
|
[Ord. #235; Ord. #628; 1972 Code § 65-13]
For the purpose of subsection 3-1.12, the standard measurement height shall be four feet (1.2 meters) and the standard horizontal measurement distance from the center line of the roadway being monitored shall be 50 feet (15 meters). Whenever it is not feasible to use 50 feet, the distance may be shortened to 25 feet (7.5 meters), in which case the values in Table II of subsection 3-1.12 shall be increased by six dB(A).
[Ord. #235; Ord. #628; 1972 Code § 65-13]
No person shall operate a power propelled vehicle or recreational
device off a public right-of-way in such manner that the sound pressure
level emitted therefrom exceeds the limits set forth in Table III
when measured at the locations set forth. This section shall apply
to all motorized vehicles and recreational devices, whether publicly
or privately owned, or whether or not duly registered or licensed,
including but not limited to passenger cars, trucks, campers, motorcycles,
mini-bikes, go-carts, snowmobiles, amphibious craft, dune buggies,
racing vehicles, water ski towing devices and motor boats.
|
Table III
| |
|---|---|
|
Vehicle Class
|
Sound Pressure Level dB(A)
|
|
Motorboat
|
86
|
|
All other vehicles
|
83
|
|
EXHAUST -
|
|
The discharge into the open air of the exhaust of any internal
combustion engine including a motor vehicle, lawn mower, chain saw
or other device powered by an internal combustion engine except through
a muffler in good working order which will effectively dissipate or
prevent loud or explosive noise emanating therefrom.
|
[Ord. #235; Ord. #628; 1972 Code § 65-14]
No zoning change, adjustment, variance or exception, which affects
the land use categories, will be permitted unless the use to be allowed
does not violate the provisions of this section.
[Ord. #235; Ord. #628; 1972 Code § 65-18]
The operation or maintenance of any noise source in violation
of any provision of this section shall be deemed and is declared to
be a public nuisance and may be subject to abatement summarily by
a restraining order or injunction issued by a court of competent jurisdiction,
or in any other manner available for the abatement of public nuisances.
[Ord. #235; Ord. #628; 1972 Code § 65-18]
a.
Any remedy available pursuant to this section shall be considered
separate and not exclusive of any other remedy available hereunder.
b.
Nothing in this section shall be construed to impair any cause of
action, or legal remedy therefor, of any person for injury or damage
arising from any violation of this section.
[Ord. #446; Ord. #478; 1972 Code § 61-1]
As used in this section:
Shall mean any newspaper, magazine, handbill, pamphlet, circular
or any other paper of a commercial nature or otherwise.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind, but does not mean or include
any employee or administrator of the United States Postal Service.
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 includes any yard, grounds, wall, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Shall mean any and all streets, boulevards, avenues, lanes,
roads, alleys or other public ways and parts thereof, and any and
all public parks, squares, spaces, plazas, grounds and buildings and
parts thereof.
Shall mean any and all lots, plots and parcels of land containing
no habitable structure or business use.
[Ord. #446; Ord. #478; 1972 Code § 61-3]
It shall be a violation of this section for any person without
approval of the Governing Body:
a.
Distribute, cast, throw or otherwise place any unsolicited literature
on the private property within the Borough.
b.
Distribute, cast, throw or otherwise place any unsolicited literature
on any public place within the Borough.
c.
Distribute, cast, throw or otherwise place any literature on any
unimproved property within the Borough.
d.
Direct, authorize or permit, in the capacity of employer, supervisor
or otherwise, any other person to violate the provisions of this section.
[Ord. #579; 1972 Code § 61-6]
This section shall be known as the "Anti-Dumping Regulations".
[Ord. #579; 1972 Code § 61-7]
As used in this section;
Shall mean any old, discarded or unused waste, iron or metal
or substance, glass, paper, machines, appliances, equipment, business
or household furniture or furnishing, or any parts or portions thereof
or accessories thereof, unregistered motor vehicles which are unfit
for highway transportation, unused parts of motor vehicles and any
material commonly known and generally referred to as "junk" in the
ordinary meaning of the word.
Shall mean all other waste material, including all putrescible
and non-putrescible solid wastes, ashes, paper wrappings, tin cans,
bottles, abandoned automobiles, wood, glass, bedding crockery and
similar materials.
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 every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway.
[Ord. #579; 1972 Code § 61-8]
No person shall throw, deposit, leave or abandon litter or junk
in or upon any street, sidewalk or other public place within the Borough,
except in public receptacles or in authorized private receptacles
for collection.
[Ord. #579; 1972 Code § 61-9]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a 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.
[Ord. #579; 1972 Code § 61-10]
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
driveways. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter and junk.
[Ord. #579; 1972 Code § 61-11]
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 and junk.
[Ord. #579; 1972 Code § 12; New]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any public or private property within the Borough.
[Ord. #579; 1972 Code § 61-13]
No person shall drive or move any truck or other vehicle within
the Borough unless the vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any
public property.
[Ord. #579; 1972 Code § 61-14]
No person shall throw or deposit litter or junk in any fountain
pond, pool, lake or other body of water lying within or bordering
upon the Borough.
[Ord. #579; 1972 Code § 61-15]
No person shall throw, leave, deposit or abandon litter or junk
on any private property within the Borough, including any property
where a business is located, whether owned by such person or not.
[Ord. #579; 1972 Code § 61-16]
The owner or person in control of any private property shall
at all times maintain the premises free of litter and junk.
[Ord. #579; 1972 Code § 61-17; New]
No person shall leave, store or place upon any property, where
a business is conducted, any equipment, furniture, furnishings or
manufactured stock in trade that is used, acquired or in any way comes
into the possession or under the control of the person owning or in
control of such property, unless the same shall be within a building
or other structure, without permission of the Governing Body.
[Ord. #777]
It shall be unlawful for any vehicle to be driven, moved, stopped,
or parked, on any highway unless such a vehicle is constructed or
loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any objects have fallen or escaped, which could cause an obstruction,
damage a vehicle, or otherwise endanger travelers or public property,
shall immediately cause the public property to be cleaned of all such
objects and shall pay the costs therefor.
[Ord. #777]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during, or after completing any construction or demolition
project. It shall be the duty of the owner, agent or contractor in
charge of a construction site to furnish containers adequate to accommodate
flyable or non-flyable debris or trash at areas convenient to construction
areas, and to maintain and empty the receptacles in such a manner
and with such a frequency as to prevent spillage of refuse.
[Ord. #777]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Ord. #579, 1972 Code § 61-18; Ord. #777]
It shall be the duty of the Code Enforcement Officer and/or
any Borough Police Officer to Administer and enforce this section.
[Ord. #332; 1972 Code § 41-1]
The owner or tenant of any lands lying within the limits of
the Borough shall keep all brush, hedges and other plant life growing
within 10 feet of any roadway, and within 25 feet of the intersection
of two roadways, cut to a height of not more than 2 1/2 feet
where it shall be determined necessary and expedient for the preservation
of the public safety, within 10 days after notice to cut and remove
the same.
[Ord. #332; 1972 Code § 41-2]
Such notice to cut and remove objectionable brush, hedges and
other plant life shall be given by the Code Enforcement Officer and
may be served upon any such owner or tenant, either personally or
by certified mail, at the address to which tax bills are sent; and
if by the latter method, the ten-day period within which such removal
shall be accomplished, shall be deemed to have commenced to run from
the date of the return receipt of such certified mail obtained by
the postal authority for the delivery of such certified notice. Every
such notice shall, in addition to requiring the removal aforesaid,
warn the owner or tenant of the lands to which such notice refers
that failure to accomplish such removal within the time slated therein
will result in removal by or under the direction of the Code Enforcement
Officer; and the cost of such removal shall be charged to the owner
or tenant of such lands and shall be payable to the Borough of Brielle
within 30 days after the date of submission of charges.
[Ord. #332; 1972 Code § 41-3]
Whenever the owner or tenant of such lands within the Borough,
receiving the notice provided for by the preceding section to remove
from such lands any of the substances hereinbefore mentioned, shall
fail and neglect, within the time prescribed in the notice, to effect
removal of such substances, such removal shall be accomplished by
or under the direction of the Code Enforcement Officer. An accurate
record of the cost of such removal to the Borough shall be determined
by the Code Enforcement Officer, who shall certify the cost thereof
to the Governing Body, which shall examine the certificate and, if
found correct, shall cause the cost as shown thereon to be charged
against the lands; the amount so charged shall forthwith become a
lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes.
[Ord. #332; 1972 Code § 41-4]
In the event of the failure of any owner or tenant to keep all
brush, hedges and other plant life growing within 10 feet of any roadway
and within 25 feet of the intersection of two roadways, cut to a height
of not more than 2 1/2 feet, after written notice thereof, the
Borough may proceed to cause the cutting and removal of such brush,
hedges and other plant life under the direction of the Code Enforcement
Officer.
[Ord. #332; 1972 Code § 41-5]
In any case where the Borough has cut and removed brush, hedges
and other plant life, the Code Enforcement Officer shall thereafter
certify to the Council the cost thereof, and if the amount so certified
is, by resolution of the Governing Body, determined to be correct
and reasonable, the Borough Clerk shall forthwith deliver a certified
copy of said resolution to the Tax Collector. The amount so charged
shall forthwith become a lien upon such lands from which the brush,
hedges and other plant life were cut and removed, and shall be added
to and become and form part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as other
taxes, and shall be collected and enforced by the Tax Collector in
the same manner as taxes, as authorized by N.J.S.A. 40:48-2.26 and
40:48-2.27.
[Ord. #332; 1972 Code § 41-7]
Any person who shall refuse or neglect, after written notice as above set forth, to comply with the demands therein made with respect to the cutting of the foregoing for the preservation of the public safety of the citizens of the Borough, within the period of time above set forth, shall, upon conviction thereof, be liable to as established in Chapter 1, Section 1-5, and each and every day in which said owner or tenant shall refuse or neglect so to cut said matter shall be and constitute a separate offense. (The imposition and collection of any fine or penalty prescribed by this section shall not bar the right of the Borough to collect the cost of the cutting of the brush, hedges and other plant life, as hereinbefore specified; and the remedies shall be accumulative.)
[Ord. #256; 1972 Code § 41-10; New]
Where it shall be necessary and expedient for the preservation
of the public health, safety, general welfare or to eliminate a fire
hazard, an owner or tenant of real property within the Borough shall
remove from such lands, brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris and grass
above the height of six inches within 10 days after notice to remove
the same from the designated official of the Borough.
[Ord. #256; 1972 Code § 41-11; New]
If an owner or tenant who has received notice in accordance with the provisions of subsection 3-5.1 fails to remove from said lands the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris or grass above the height of six inches for which said person was cited within 10 days of the notice to remove the same, the Borough shall have the right to provide for the removal of the same by or under the direction of Code Enforcement Officer.
[Ord. #256; 1972 Code § 41-13; New]
In all cases where any brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris and grass
over the height of six inches are removed from any lands by the Borough
under the provisions of this section, the Code Enforcement Officers
in charge of the removal of these materials shall certify the cost
thereof to the Governing Body. Upon receipt of the certificate of
cost, the Governing Body shall examine the same and if found correct
shall cause the cost as shown thereon to be charged against the property
from which said material was removed. The amount so charged shall
become a lien upon such lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon said lands
and shall bear the same interest rate as taxes and shall be collected
and enforced by the officers of the Borough in the same manner as
taxes.
[Ord. #256; 1972 Code § 41-14; New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable to the penalty established in Chapter 1, Section 1-5. 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.
[New]
As used in this section, the following definitions shall have
the following meanings indicated:
Shall mean and include any person, persons, corporation,
partnership or firm, or other owner or tenant of the subject property.
[Ord. #283; Ord. #433; Ord. #486; Ord. #525; 1972 Code § 46-1;
Ord. #810]
It shall be unlawful for any minor under the age of 18 years,
unaccompanied by his parent or parents, guardian or other adult person
having the custody or care of such minor, to loiter, idle, wander,
stroll or play in or remain in or upon the public places, public highways,
roads, places of amusement or entertainment, places of business carried
on for profits to which the public is invited, vacant lots, cemeteries
or other public places, either on foot or in or on any vehicle, within
the confines of the Borough, between the hours of 7:30 p.m. to 6:00
a.m. Prevailing Time of the following days: every day during the period
between October 20 to November 1st, inclusive, in each year henceforth,
with the exception of October 30th "Mischief Night" during which time
the curfew shall be in effect from 6:00 p.m. to 6:00 a.m. Prevailing
Time or in times of municipal emergency involving riots or civil disorder,
to be declared by the Mayor with the consent of the Public Safety
Committee of the Governing Body. Such declaration of municipal emergency
shall be posted conspicuously in the Municipal Building or in other
building in which the Governing Body usually holds its regular meetings.
[Ord. #283; Ord. #486; 1972 Code § 46-2]
It shall be unlawful for the parent or parents, guardian or other adult person having the care or custody of a minor under the age of 18 years to permit such minor to loiter, idle, wander, stroll or play in violation of subsection 3-6.1 between the times and within the period therein set forth.
[Ord. #283; Ord. #486; 1972 Code § 46-3]
The provisions of this section shall not apply to any minor
below the age of 18 years who shall be gainfully employed, who shall
be a bona fide student of a school of evening instruction, who shall
be in attendance at a function sponsored by a religious or school
organization or who shall be in attendance at a properly supervised
recreational program, during the time necessarily required to travel
between such minor's residence and the place of assembly.
[Ord. #301; 1972 Code § 85-1]
As used in this section:
Shall mean any motor vehicle which is not capable of being
used or operated is hereby deemed to be a motor vehicle which cannot
be moved under its own power from place to place lawfully on a public
highway.
Shall mean the keeping of a motor vehicle upon any lands
and premises, public or private, for a period of more than 15 days.
[Ord. #301; 1972 Code § 85-2]
It shall be unlawful for any person to store, or to permit or
cause to be stored, upon any lands and premises, any motor vehicle
which is not capable of being presently used or operated, unless such
motor vehicle is garaged. The provisions of this subsection shall
not apply to a motor vehicle located on the lands and premises of
a licensed new or used automobile dealer or licensed service station
operator where the motor vehicle is being or is about to be repaired
or is being disposed of or scrapped.
[Ord. #459; 1972 Code § 40-1]
The Chief of Police is hereby authorized and directed to make,
establish, publish and enforce rules, regulations and penalties regarding
ownership and operation of bicycles as set forth in this section.
[Ord. #459; 1972 Code § 40-2]
Each owner of a bicycle in the Borough may be required to register
the bicycle with the Police Department.
[Ord. #459; 1972 Code § 40-3]
The Police Department may, on a regular basis, a spot-check
basis, or both, inspect any bicycle operated in the Borough to determine
whether or not the bicycle is maintained in a safe condition.
[Ord. #459; 1972 Code § 40-4]
Reasonable standards shall be established for the safe operation
of bicycles, including but not limited to standards of lighting and
marking for night operation, requirements that bicycles be walked
and not ridden within 200 feet of school property on school days,
and the like.
[Ord. #459; 1972 Code § 40-5]
To inhibit and discourage theft, standards may be established
concerning requirements for locking and chaining bicycles in all locations
except residences within the Borough.
[Ord. #459; 1972 Code § 40-6]
A schedule of penalties for violations of rules and regulations
concerning bicycles may be established. Except as specifically provided
by the Statutes of New Jersey, no penalty shall exceed the impounding
of a bicycle for a period of 30 days.
[Ord. #459; 1972 Code § 40-7]
All relevant Statutes of New Jersey concerning the ownership
and operation of bicycles, including N.J.S.A. 39:4-10 et seq., are
incorporated herein by reference. No rule or regulation established
pursuant to this ordinance shall in any way contravene the meaning
and intent of any such statute.
[Ord. #375; 1972 Code § 68-1]
As used in this section:
Shall mean a permanently installed fuel-consuming mechanism
by which the vessel is or may be propelled and a detachable or outboard
motor, including an electrical outboard motor.
Shall mean every person having the charge, control, operation
or direction of any "power vessel."
Shall mean a vessel temporarily or permanently equipped with
a motor, and shall not be deemed to include a vessel propelled wholly
by sails or by muscular power.
[Ord. #375; 1972 Code § 68-2; New]
The speed of power vessels shall at all times be regulated so
as to avoid danger or injury to all manner of craft whether floating,
moored, anchored or underway, or to piers, wharfs, bulkheads, draw
spans or other water-front construction, either directly or by the
effect of the wash or wave raised by such power vessel through it
speed or otherwise.
[Ord. #820]
No power vessel shall be operated in a reckless manner. Reckless
operation shall include operating such vessel in a manner which unnecessarily
interferes with the free and proper use of any waters or which unnecessarily
endangers other craft therein, or the life or limb of any person upon
their or such other craft or in the water.
[Ord. #601; 1972 Code § 67-25; New]
a.
Every boat in the territorial waterways of the Borough of Brielle
which is abandoned, or which becomes a menace to navigation or is
unseaworthy, or sinks, or grounds, or become otherwise disabled is
hereby declared to be a nuisance, and the owner or person in charge
thereof shall abate such nuisance within five days after receiving
written notice from the Code Enforcement Officer of the Borough.
b.
Any person who fails to remove this boat within five days of mailing of notice or personal service of notice from the Code Enforcement Officer of the Borough shall be liable for penalty as established in Chapter 1, Section 1-5. Every day a particular violation continues shall constitute a separate offense.
[Ord. #390; 1972 Code § 47-1]
As used in this section:
Shall mean any fixed or floating structure for securing vessels,
loading or unloading persons or property or providing access to the
water, and including any wharf, dock, float or any other loading facility.
[Ord. #390; 1972 Code § 47-2]
Any person, firm or corporation owning or occupying a pier,
or portion of a pier, along the shoreline of the Borough which is
available for use by the public shall provide and maintain the following
safety equipment on both sides of the pier for each 100 feet of pier
or portion thereof:
a.
A movable ladder attached to such pier which shall be of sufficient
length to extend into the water for a depth of at least three feet
at mean low tide.
b.
A ring buoy or other Coast-Guard-approved life-saving device securely
fastened to the pier by a lifeline which shall consist of cotton,
manila or hemp rope or other suitable material not less than 1/4 inch
in diameter and not less than 100 feet in length. Such ring buoy or
such life-saving device must be clearly visible and capable of being
freely thrown.
[Ord. #43; Ord. #433; 1972 Code § 67-11]
No person shall place any posters or signs on property belonging
to the Borough or the Board of Education of the Borough without permission
of the Governing Body or the Brielle Board of Education.
[Ord. #43; Ord. #433; 1972 Code § 67-17; Ord. #1046-2015;
amended 7-19-2021 by Ord. No. 1108]
a.
Application
to Conduct a Special Event:
1.
CRAFT FAIR
GROUP
INDIVIDUAL
ORGANIZATION
PERMIT
Definitions: For purposes of this section, the following definitions
shall apply.
An event where people sell decorative objects that they have
made by hand.
A number of individuals who associate together for a common
purpose in order to apply for a permit.
A single person representing him or herself for the purpose
of obtaining a permit.
An organized body of people, not involved in any commercial
for-profit undertaking, who seek to obtain a permit for a specific
purpose.
A written document signed and sealed by the Municipal Clerk
that provides an exact description of the activity to be undertaken.
2.
Any individual, group or organization may make application to the
Municipal Clerk of the Borough of Brielle to conduct a Special Event
within the political boundaries of the Borough of Brielle.
4.
No individual, group or organization may conduct more than two Special
Events within a calendar year (January-December). The applicant shall
comply with all of the requirements stated in the permit as to the
exact nature of the event, duration, applicant information, insurance
and execution of an Indemnification and Release Agreement. All Special
Events shall be limited to one day.
5.
There may only be two Special Events within a calendar year (January-December)
at a single property or location within the Borough, regardless of
which individual, group or organization applies for, operates, or
hosts the event.
6.
Application for such events shall be submitted in writing to the
Municipal Clerk at least 30 business days prior to the event using
the Special Events permit application form. The applicant's signature,
executed in front of a notary shall indicate that the provisions within
the application are true and accurate. The contact person's information
shall be clearly identified.
7.
There shall be a non-refundable application fee of $20 for a Block
Party and $50 for all other events. The fee shall be paid upon submission
of the application. The fee may be waived by Council for charitable
or other events on a case-by-case basis.
8.
In the event that the activity requires any costs or expenses to
be paid by the Borough for public works, police or first aid services,
the applicant shall receive an estimate for these reasonable anticipated
costs. The applicant shall be required to provide a security deposit
in an amount determined by the Municipal Clerk for said costs in the
form of a certified check payable to the Borough of Brielle. The deposit,
less any costs incurred, shall be returned to the applicant subsequent
to the event.
9.
All applicants must provide a certificate of insurance specifically
naming the Borough of Brielle as an additional insured providing general
liability, bodily injury and property damage coverage in the minimum
amount of $250,000 for a Block Party and $1,000,000 for all other
events.
10.
The applicant shall also execute and provide an indemnity and hold
harmless agreement, found in the Special Events application form,
holding the Borough harmless and expressly providing that the organizer(s)
agrees to defend, protect and indemnify the Borough, its officers,
employees and agents harmless from any and all claims, damages and
expenses.
11.
No sale of beer or other alcohol shall take place without prior approval
of the Council and, if applicable, the applicant's receipt of
an appropriate permit from the Division of Alcoholic Beverage Control.
Beer or wine may be served at block parties (except to or by minors)
as long as a fee is not charged.
12.
Once a completed application is submitted, the Municipal Clerk shall
refer a copy to the Mayor, Council, Chief of Police, Fire Inspector
and the Code Enforcement Officer for review and recommendations. All
applications must be approved by resolution of the Mayor and Council.
13.
Any person or entity who fails to comply with the terms of this section,
including the failure to obtain a permit for a special event, shall
be liable for a fine in an amount up to $2,000. The Borough additionally
shall have the authority to terminate the special event and/or issue
an appropriate notice of violation for the failure to comply with
the terms of this section. The persons with authority to enforce this
section shall be the Chief of Police, the Fire Inspector and the Code
Enforcement Officer, or their respective designees.
b.
Unauthorized Parades. No parades, marches or public processions shall
be held in the Borough without special permission of the Governing
Body, and persons taking part in parades, marches or public processions
without such permission will be deemed to be in violation of this
section.
[Ord. #43; Ord. #433; 1972 Code § 67-22]
No person shall at any time use any automobile, truck or other
vehicle located on any public or private highway, road or street,
or on any public or private lot or premises in the Borough for sleeping
or living purposes.
[Ord. #563; 1972 Code § 67-17]
No person shall jump, leap or dive, nor throw or push any person
or object, from any portion of the State Highway Route No. 35 or State
Highway Route No. 70 bridges or from any bridge within the Borough.
[Ord. #540; 1972 Code § 67-19]
a.
Sales, Service or Consumption Prohibited. No person shall serve,
sell dispense, drink or consume any alcoholic beverages on a street
of the Borough, or upon any public or semipublic grounds, parks, sidewalks,
beaches or marine basins or in any automobile or other vehicle or
in any other means of transportation on public streets, highways,
alleys, avenues, grounds, sidewalks, beaches, parks, marine basins,
beachfronts or boardwalks in the Borough.
b.
Possession of Container. No person shall have or retain in his possession
or throw or discard an empty or partially consumed container, glass,
bottle or can containing an alcoholic beverage while walking, running
or standing, or while occupying a motor vehicle or other means of
transportation on a public street, highway, avenue, alley, road or
public or semipublic grounds, park, sidewalk, marine basin, parking
lot, beachfront or boardwalk in the Borough.
[Ord. #341; 1972 Code § 38-28]
It shall be unlawful for any person, including occupants of
vehicles, to consume or pretend to consume any alcoholic beverage
in or upon any public sidewalk, public highway, public park, public
recreation area, or in or upon any other public place under the supervision
and management of the Borough unless a permit for that purpose shall
have been issued by the Director of Alcoholic Beverage Control with
the consent of the Governing Body.
[Ord. #341; 1972 Code § 38-29]
The provisions of this section shall be in addition and supplemental
to the provisions of any other ordinance of the Borough.
[Ord. #210; 1972 Code § 38-15; Ord. #793]
No person under the legal age shall order, be served with, have
in possession, consume or be under the influence of any alcoholic
beverage, except as provided for by State Statute, within the confines
of the Borough of Brielle.
[Ord. #1047-2015]
No place of public entertainment, business, or any commercial
establishment that has outside entertainment of any kind, be it on
a deck, patio, parking lot or other exterior location, may permit
said entertainment except on Fridays, Saturdays, Sundays and holidays,
as per the hours listed below.
Live entertainment shall be limited to a piano player, a guitar
player or a group (not to exceed a trio).
Controlled background music may be permitted during the hours
of 12:00 p.m. to 10:00 p.m. on Sunday, and from 12:00 p.m. to 1:00
a.m. on Fridays, Saturdays and holidays, provided that said music
is in compliance with all other ordinances of the Borough of Brielle.
For purposes of this subsection, controlled background music
shall be defined as music that is not created by live performance,
but by other means such as electronic or computer generated, the level
of which can be controlled, to lower or raise, by a dial, lever, or
other industry standard.
During such days as said live public entertainment is permitted,
the hours for such entertainment shall be:
|
Fridays
|
6:00 p.m. to 10:00 p.m.
|
|
Saturdays
|
1:00 p.m. to 10:00 p.m.
|
|
Sundays
|
2:00 p.m. to 10:00 p.m.
|
|
Holidays
|
1:00 p.m. to 10:00 p.m.
|
(Unless the holiday falls on a Sunday then the Sunday regulation
shall be in effect).
For purposes of this subsection, holidays shall be limited to
New Year's Day, Martin Luther King's Birthday, President's Day, Memorial
Day, Independence Day (July 4th), Labor Day, Columbus Day, Veterans
Day, Thanksgiving Day and Christmas.
A commercial establishment wishing to conduct a special event
may apply to the Mayor and Council, in accordance with the provisions
of the ordinance governing such special events. No establishment may
seek to obtain more than three such permits for three separate events
during the course of a calendar year.
[Ord. #770, § 1]
No person shall utter loud and offensive or indecent language
or make offensive remarks to or upon any person within the confines
of the Borough, or obstruct or interfere with any persons being within
the confines of the Borough.
[Ord. #770, § 2]
No person shall appear on any street, avenue or public place
in this Borough in a state of nudity or in any obscene, indecent or
lewd dress, or cause any obscene, indecent or lewd exposure whatever,
or be guilty of any obscenity, lewdness or any indecent act or behavior;
nor shall exhibit, sell or offer to sell any obscene, indecent or
lewd book, picture or thing, nor shall exhibit or perform any obscene,
indecent, immoral or lewd play or representation.
[Ord. #770, § 3]
No person shall make, aid or assist in making any unreasonable
or improper noise, disturbance, riot or breach of the peace within
the Borough.
[Ord. #770, § 4]
No person shall, within the limits of said Borough, hinder or
obstruct any Borough Officer in the performance of his duties, nor
shall any person willfully refuse or neglect to assist any Borough
Officer when lawfully called upon by him so to do in the execution
of any process or in the suppression of any breach of the peace or
disorderly conduct, or in case of an escape, or when such officer
is resisted in the discharge of his duty; nor shall any person knowingly
resist or oppose any officer or person authorized by law in serving
or attempting to serve any writ, bill, order or process or when making
any arrest, either with or without a warrant.
[Ord. #770, § 5]
It shall be unlawful for any person to appear or travel on any
street, avenue, highway, road, beach or waterway located in the Borough
of Brielle, or to appear in any public place, store or business in
said Borough, in a state of nudity or in an indecent or lewd dress
or garment or to make any indecent or unnecessary exposure of his
or her person.
[Ord. #770, § 6]
It shall be the duty and responsibility of the Police Department
of the Borough of Brielle to enforce the provisions of this section.
[Ord. #770, § 7]
Violation of this section shall be cause for summons and complaint
to be issued forthwith, notwithstanding and in addition to any other
relief and penalties provided in any other ordinance of the Borough.
[Ord. #773, § 1]
In accordance with and pursuant to the authority of L. 1988,
44 (C. 2C:35-7), the Drug-Free School Zone Map produced on or about
September 7th, 1988 by Birdsall Engineering Inc., Borough of Brielle,
Monmouth County engineer, is hereby approved and adopted as an official
finding and record of the location and areas within the municipality
of property which is used for school purposes and which is owned by
or leased to any elementary or secondary school or school board, and
of the areas on or within 1,000 feet of such property.
[Ord. #773, § 2]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-18.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. #773, § 3]
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 of Brielle,
Monmouth County, Engineer and the Borough of Brielle, Monmouth County,
Attorney of any changes or contemplated changes in the location and
boundaries of any property owned by or leased to any elementary or
secondary school or school board and which is used for school purposes.
[Ord. #773, § 4]
The Clerk of the Municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-18.1 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 Monmouth County Prosecutor.
[Ord. #773, § 5]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-18.1 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.
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.
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-18.1 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, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d.
All of the requirements set forth in L. 1988, c. 44 concerning the
preparation, approval and adoption of a drug-free school zone map
have been complied with.
[Ord. #812, § 1]
The purpose of this section is to:
a.
Provide standards and regulations for various types of intrusion,
burglary, fire and other emergency alarm devices and equipment, whether
they operate by producing a visual or audible signal, and whether
by direct line, radio, telephone or other means of actuating a device
requiring response thereto by the police department, fire department
or other municipal agency.
b.
Provide for the registration of alarm systems in order to prevent
response by public safety forces to false alarms and to minimize related
threats to public safety which can result from the negligent installation
and/or operation of such alarm systems and to improve response to
alarm calls.
[Ord. #812, § 2]
The provisions of this section shall apply to any person or entity who owns, operates or maintains any alarm system having an audible signaling device or requiring a response by the Department of Police, Fire Department or other municipal agency. The terms of this section shall in no way prohibit alarm businesses from providing service by private source within or without the Borough of Brielle so long as such person having premises protected by an alarm system shall be responsible for the registration thereof in accordance with subsections 3-19.4 and 3-19.5.
[Ord. #812, § 3]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any mechanical or electrical device which is designed
or used for the detection of burglar, robbery, intrusion or fire within
a building, structure or facility or for alerting others to the commission
of an unlawful act or hazard within a building, structure, or facility,
or both; and which emits a sound or transmits a signal or message
when actuated.
Include but are not limited to, dial alarms, audible signaling
devices and local alarms.
Shall mean the person applying for the permit to maintain
an alarm system as hereinafter set forth.
Shall mean any device, such as a bell, siren, whistle, horn,
gong, klaxon, or similar device employed to call attention and which
may be heard beyond the limits of the property concerned.
Shall mean the Borough of Brielle, Monmouth County, New Jersey.
Shall mean a service providing among its services the service
of receiving on a continuous basis through trained employees, emergency
signals from alarm systems, and thereafter immediately relaying the
message to a special telephone number in the police department.
Shall mean the Chief of Police of the Borough of Brielle
or his designated representative.
Shall mean the Police Department of the Borough of Brielle.
Shall mean a member of the Department of Police or designated
deputies. This person may also function as the Alarm System Inspector.
Shall mean that type of automatic telephone dialing device
using the telephone system to transmit an alarm of intrusion, fire,
smoke, flood or other peril to the Police Department.
Shall mean any alarm activated by inadvertence, negligence
or the unintentional act of some one other than an intruder, and includes
as well, alarms caused by the malfunctioning of the alarm device or
other relevant equipment, as well as any unexplained cause.
Shall mean any alarm device which, when actuated, produces
an audible signal or gives a warning of intrusion, fire, smoke, flood
or other peril to the outside or exterior of the premises.
Shall mean any person owning or operating an alarm system
within the scope of this section who has been issued a permit to operate
said system.
Shall mean any natural person, firm, partnership, association
or corporation.
[Ord. #812, § 4]
a.
No person shall install, operate or maintain any alarm system unless
the system has been registered and approved by the Chief of Police.
The alarm system shall be deemed registered at such time as the permit
is issued. Any person who owns or operates an alarm device or system,
no matter what type, shall make application for a continuance or installation
thereof, in writing to the Chief of Police, which application shall
include, but not be limited to the following, to wit:
1.
The date;
2.
The name, type and location of the device;
3.
The name address and twenty-four-hour telephone number of the alarm
installer or person responsible for its maintenance;
4.
A list of persons with their telephone numbers to be contacted in
the event of an alarm;
5.
The person responsible to remit fees or fines assessed under this
section;
6.
Provisions relating to false alarms, testing procedures, indemnification
and hold harmless provisions; and
7.
All other information as may be required by the Chief of Police.
b.
Local alarms, audible signaling devices and alarm systems monitored
by a central station, excluding internal smoke alarms not sounding
outside the premises, shall be registered with the Borough. For each
local alarm, audible signaling device and alarm systems monitored
by a central station, as provided herein, beginning January 1, 1992,
the owner or operator shall pay to the Borough a one time registration
fee of $10. The fee represents part of the cost of investigating and
processing the application and permit and is not refundable.
c.
Any registration permitted hereunder shall be approved upon the express
condition that the registrant shall indemnify and hold the Borough
harmless from and on account of any and all damages arising out of
the activities.
d.
For each dial alarm, the owner or operator shall pay to the Borough
a one time registration fee of $15, which includes the costs of installing
and maintaining the special telephone line or lines required in the
Police Department necessitated by these systems.
e.
The Chief of Police shall issue a permit for the operation of an
alarm system if he or his designated representative is satisfied that
the registration information is complete and that the alarm system
will be operated in conformance to this section. The permit may be
granted, subject to any special conditions stated thereon, if necessary.
f.
It shall be the responsibility of the applicant to inform the Chief
of Police or his designated representative in writing of any changes
in the above information which may occur over time.
g.
The permit shall be denied if the applicant has made any false, misleading
or fraudulent statement of a material fact in the application for
a permit.
[Ord. #812, § 5]
a.
Dial Alarms.
1.
Dial alarms shall only be coded to dial a special telephone number,
which number shall be provided by the Chief of Police or his designated
representative, to the dial alarm permittee. No dial alarm shall be
coded to dial the number of the general police switchboard.
2.
The message must conform to an approved format.
3.
Total length of a message must not exceed 15 seconds.
4.
The message must be transmitted twice, but no more than four times.
5.
Any person having a dial alarm device which dials the general police
number, upon discovery thereof, shall receive notice in writing from
the Chief of Police or his designated representative requiring the
owner or operator of the dial alarm device to comply with the terms
of this section. If the owner or operator fails to comply with the
terms of this section within 30 days of the receipt of the aforesaid
notice, he shall, upon conviction thereof, be subject to a penalty
of $50. Each and every day in which a violation of any provision of
this section exists shall constitute a separate violation.
6.
All components of such equipment must be maintained in good repair
by the owner, and when evidence exists that there has been failure
to comply with the requirements of this section, the Chief of Police
or his representative is authorized to demand that such device be
disconnected until at such time as compliance with current requirements
is reestablished.
b.
Alarms Monitored by a Central Station.
1.
Central station alarms shall only dial a special telephone number,
which number shall be provided by the Chief of Police or his designated
representative, to the permittee.
2.
Any person having a central station alarm service which dials the
general police number, upon discovery thereof, shall receive notice
in writing from the Chief of Police or his designated representative
requiring the permittee having the central station alarm service to
comply with the terms of this section. If the permittee fails to comply
with the terms of this section within 30 days of the receipt of the
aforesaid notice, he shall, upon conviction thereof, be subject to
a penalty of $50. Each and every day in which a violation of any provision
of this section exists shall constitute a separate violation.
3.
All components of such equipment must be maintained in good repair
by the owner, and when evidence exists that there has been failure
to comply with the operational requirements of this section, the Chief
of Police or his representative is authorized to demand that such
device be disconnected until at such time as compliance with current
requirements is reestablished.
[Ord. #812, § 6]
All audible signaling devices shall be equipped with a timing
device to limit the sounding of the signaling device to 20 minutes
or less.
[Ord. #812, § 7]
a.
In the case of a false alarm, any person having knowledge thereof,
shall immediately notify the Department in a manner prescribed by
the Chief of Police. In addition, in the case of false alarms, the
Chief of Police shall cause an investigation to be made and shall
keep a record of said false alarms on file. Upon conviction of violating
this section, the following penalties are prescribed:
1.
For the first, second and third false alarm in any given calendar
year, a warning shall be issued.
2.
For the fourth or any subsequent false alarms in the same calendar
year, a summons will be issued and a fine, according to the following
schedule, shall be paid to the Borough of Brielle:
3.
In the event of a conflict with the fines and penalties for fire
and smoke alarms contained herein with the New Jersey State Fire Prevention
Code, the State Code shall govern.
[Ord. #812, § 8]
a.
The permittee, or in his absence, his designee, shall be responsible
for resetting activated alarms upon being notified to do so by the
Police Department. Audible alarms shall be designed to reset within
20 minutes of initial activation, and dial alarms shall have a maximum
duration of 25 seconds.
b.
Following an alarm activation, an alarm system permittee or his designated
representative shall, within 15 minutes after a request by a Borough
police officer or a member of a public safety force, allow access
to the protected premises and/or reset the alarm system.
c.
Failure to Respond to Reset. If the permittee or a person responsible
for the management and supervision of the alarm system fails to respond
to a request for access to the protected premises and/or fails to
reset an alarm, he shall upon conviction thereof, be subject to a
penalty of $50. Each and every day in which a violation of any provision
of this section exists shall constitute a separate violation.
[Ord. #812, § 9]
The Chief of Police may promulgate written rules and regulations
supplementing this section in order to provide for recordkeeping and
efficient management of said system; provided, however, that the Borough
Council shall first approve said rules or any changes thereto by appropriate
resolution.
[Ord. #812, § 10]
Except as otherwise provided herein, any person found guilty
of a violation of this section shall be subject to a fine of not more
than $500 or imprisonment for not more than 30 days, or both, in addition
to any other penalties which may be imposable under any other section
hereof. Each and every day in which a violation of any provision of
this section exists shall constitute a separate violation.
[Ord. #816]
Insofar as municipalities have the authority to enact ordinances
to control or prohibit the use of tobacco products in municipal buildings,
the Governing Body hereby ordains that it shall be a petty disorderly
person charge for any individual to smoke or carry lighted tobacco
products within the Brielle Municipal Building and the Curtis House
except in such room or rooms so designated by the Council and posted
by signage stating said fact.
[Ord. #877, § 3-17.1]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the following meanings:
a.
ARROW, BOLT OR DART - Shall mean a projectile of any length composed
of, or made wholly or in part from, any natural, synthetic or molded
material, or any combination thereof, either formed or capable of
being formed, at its most distal end, to a pointed tip possessing
any degree of sharpness or beveling whatsoever, or capable of having
attached thereto by any means a separate and distinct component as
aforedescribed.
b.
BOW, CROSSBOW OR SLINGSHOT - Shall mean any device or instrument
which is, or is in the nature of, an air-propelled gun, catapult spring-gun
or device of a similar nature in which the propelling force is a spring,
elastic band, tension band or coil composed of natural and/or synthetic
material (regardless of whether the device is designated for use in
"hunting", "recreational" or "target" applications by virtue of the
measurement of the propulsion employed, whether in "fps" [feet per
second], "pounds", or the like), carbon dixoide, compressed or other
vapor, air or compressed air, or is ignited by compressed air, capable
of firing or ejecting an arrow, bolt, dart or other missile with sufficient
force to injure a person.
c.
FIREARM - Shall mean any gun, device or instrument as defined in
N.J.S.A. 2C:39-1(f).
d.
PROJECTILE - Shall mean any solid or semi-solid projectable ball,
pellet or missile, which is, or may be designed so as to include an
impact-sensitive membrane which fractures upon surface contact and
delivers or is capable of delivering any gas, vapor, noxious or non-noxious
substance, including, but not limited to, "paint balls".
[Ord. #877, § 3-17.2]
a.
No person shall, within the Borough of Brielle, cast any arrow, bolt,
dart or other projectile from a bow, crossbow, or slingshot or discharge
a firearm so as to cause any arrow, bolt, dart or other projectile
to cross through, pass over, or terminate its flight or path in or
upon, the property of another within the Borough.
b.
No person shall, within the Borough of Brielle, cast any arrow, bolt,
dart or other projectile from a bow, crossbow, or slingshot or discharge
a firearm across any State, County, municipal or publicly-traveled
road or highway, so as to cause any such arrow, bolt, dart or other
projectile to cross through, pass over, or terminate its flight or
path in or upon, any State, County, municipal or publicly-traveled
road or highway within the Borough.
[Ord. #877, § 3-17.3]
a.
Any persons violating or failing to comply with any of the provisions
of this section shall, upon conviction of their first offense hereunder,
be punishable by the imposition of a fine in an amount of not less
than, nor more than, $500.
b.
Any persons violating or failing to comply with any of the provisions
of this section shall, upon conviction of their second offense hereunder,
be punishable by the imposition of a fine in an amount of not less
than, nor more than $1,000.
c.
In the event that the second conviction of any person violating or
failing to comply with any of the provisions of this section shall
have occurred within one year from the conviction of the initial ordinance
violation, such person shall also be punishable as a repeat offender,
pursuant to N.J.S.A. 40:49-5, and, in addition to the fine imposed
by paragraph b hereof, shall be fined in an amount not less than,
nor more than, $1,000.
d.
Any person thrice convicted of violating or failing to comply with
any of the provisions of this section shall be punishable by the imposition
of a fine in an amount of not less than, nor more than, $1,000, or
imprisonment in the county jail for a term not to exceed 90 days,
or both, or to a period of community service not exceeding 90 days
at the discretion of the Municipal Court Judge.
[Ord. #877, § 3-17.4]
It shall be the duty and the responsibility of the Police Department
of the Borough of Brielle to enforce the provisions of this chapter.
[Ord. #907, § 3-22.1]
There is hereby established a rotating list of towing and storage
contractors authorized to provide vehicle towing and storage services
required by the Borough of Brielle. The Chief of Police shall be responsible
for the administration of the rotating list. Nothing in these rules
and regulations shall be construed so as to prevent any owner or operator
from selecting his own towing service from the approved rotational
towers list.
[Ord. #906, § 3-22.2]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean the removal and transportation of a vehicle from
a highway, street or other public or private road, parking area or
from a storage facility. This chapter and the definitions herein shall
not include the recovery of a vehicle from a position beyond the public
right-of-way or berm or from being impaled upon any other object outside
of the public right-of-way or berm.
Shall mean:
Light-Duty.
Commercially manufactured chassis with a rated capacity of less
than 10,000 pounds GVWR.
Commercially manufactured lifting apparatus with a minimum capacity
of four tons.
Dual rear wheels.
Universal tow sling or wheel lift with system safety chains.
Steering wheel lock.
One snatch block with a three-ton rating.
Dolly equipped.
Proper safety lights.
Amber rotation emergency flashing light.
Two floodlights to the rear of the vehicle.
One motorcycle sling.
Large broom and shovel.
Heavy-Duty:
Commercially manufactured chassis with a rated capacity of not
less than 32,900 pounds GVWR.
Commercially manufactured lifting apparatus with a minimum capacity
of 25 tons.
Two snatch blocks with a twelve-ton rating.
Air brake hookup lines.
Tow sling/tow bar or wheel lift with System 7 safety chains.
Proper safety lights.
Amber rotation emergency flashing light.
Two floodlights to the rear of the vehicle.
Steering wheel lock.
Car Carrier; Flatbed.
Commercially manufactured chassis with a rated capacity of not
less than 10,000 pounds GVWR.
One hydraulically powered winch with a pulling capacity of not
less than four tons.
Fifty feet of 3/8 inch cable.
Seventeen feet or longer hydraulically operated slide-back or
tilt bed.
One snatch block four-ton capacity.
Tie down chains.
Proper safety lights.
Amber rotation emergency flashing lights.
Shall mean a vehicle which has been abandoned, impounded
or rendered inoperable as a result of a mechanical failure, involvement
in an accident or criminal activity. A vehicle, the location of which
constitutes a hazard to the motoring public, shall be deemed disabled
for the purposes of this section.
Shall mean the act of storing and confining a vehicle upon
an order of the Police Department at either the towing operator's
storage area or at a Borough facility as a result of abandonment,
involvement in an accident or suspected criminal activity.
Shall mean a vehicle storage facility that is completely
indoors, having one or more openings or storage bins in the walls
for the storage of vehicles, and that is secured by a locking device
on each bin or opening.
Shall mean a vehicle storage facility that is not completely
indoors and that is secured by a fence, wall or other man-made barrier
that is at least six feet in height and is protected with an on-site
security or alarm system. Outside storage facilities shall also maintain
adequate lighting to protect stored vehicles from vandalism. The amount
of spaces is 20 cars.
Not permitted.
Shall mean a person, firm, corporation or partnership who
owns and/or operates a vehicle on the roads and highways within the
Borough of Brielle, which vehicle, by reason of being disabled or
abandoned on the roads and highways of the Borough, requires towing
and/or storage.
Shall mean a person, firm, corporation or partnership engaged
in the business of providing towing, road and storage services for
vehicles.
[Ord. #906, § 3-22.3]
a.
Towing. Towing services shall be available and provided on a seven-day-per-week
twenty-four-hour-per-day basis for the entire geographic area of the
Borough of Brielle. The contractors on the rotating list must be able
to respond to any tow scene within 20 minutes of the Borough's request.
b.
The contractor shall be responsible for the cleanup of debris in
accordance with N.J.S.A. 39:4-56.8, with the exception of chemicals,
medical or hazardous waste materials.
c.
Storage. Storage shall be provided for all vehicles towed until claimed
by the vehicle owner or disposed of in accordance with applicable
law. The contractor shall provide adequate land area sufficient to
store 20 vehicles. Each storage area must be enclosed by a security
fence. In addition, inside garage area space for at least one vehicle
must be available. All storage facilities must be within a radius
of one mile of Brielle Police Headquarters.
[Ord. #906, § 3-22.4]
Motor vehicles, which are stolen, abandoned, involved in a crime
or involved in fatal accidents or accidents which, in the judgment
of the police, may become fatal shall be considered police impounds.
Police impounds shall be towed to either the towing operator's storage
area or a location designated by the police.
[Ord. #906, § 3-22.5]
a.
All contractors on the rotating list shall provide and maintain the
following minimum equipment:
1.
One wrecker, sufficient to tow vehicles: minimum four tons.
2.
The name, address and telephone number of the contractor painted
or permanently attached to both sides of the tow vehicle in compliance
with State law.
3.
Towing vehicles equipped with brooms, shovels, speedy dry and other
street-sweeping equipment for the purpose of cleaning debris off the
roadway.
4.
A storage facility, which can accommodate 20 medium-sized vehicles.
The storage shall be lighted, fenced and/or secured in order to guarantee
the safe storage of all vehicles in accordance with the minimum requirements
for indoor and outdoor and secured storage facilities as aforementioned
in this section.
b.
All equipment must meet applicable state standards and shall be subject
to periodic inspection by the Borough.
[Ord. #906, § 3-22.6]
It shall be the responsibility of the Borough of Brielle with
the advice of the Chief of Police or his designee to approve all applications
for towing operators to be utilized on a rotational basis for the
purpose of providing emergency towing, road and storage services to
the owners of motor vehicles utilizing Borough roads when he determines
that the following requirements have been met by the applicant. On
forms prepared by the Borough and provided by the Police Chief or
his designee, all towing operators shall submit written documentation
that they are in compliance with the qualification requirements set
forth below:
a.
The fee for the license issued under this section shall be $100,
paid on receipt of said license from the Borough Clerk. The license
shall remain valid from January 1 to December 31 of each year. It
may be renewed annually by the operator paying a fee of $100, provided
that the operator continues to comply with all the terms and conditions
of this section. Applications received and approved prior to April
30 will be added to tow list effective July 1. Applications received
and approved prior to October 31 will be added to tow list effective
January 1.
b.
By making the application to be utilized as a tower or wrecker by
the Police Department and by accepting such employment, the person
or firm agrees to:
1.
Provide a prompt response to each call.
2.
Clean all debris at the accident site emanating from the accident.
3.
Provide the Police Department with the following information on vehicles
unclaimed over 15 days:
4.
Maintain a record in a bound volume of all towing and wrecking jobs
handled, the name of the owner or operator involved, the charge made
for the service, the date and amount of payment and the location towed
from.
5.
Comply with all other terms and conditions of this section.
c.
In addition to meeting all other criteria of this section and in
order to be eligible for placement upon the rotating list of authorized
towers, the contractor shall supply a certificate of liability insurance
by a company licensed to do business in the State of New Jersey, certifying
that the contractor maintains workers' compensation and garage liability
insurance of not less than $1,000,000 combined single limit and garage
keepers' liability of not less than $100,000 per vehicle, said garage
keepers' legal liability insurance policy to further provide for fire,
theft and explosion. All public liability insurance, including garage
liability and garage keepers' legal liability coverage, shall name
the Borough of Brielle, its officers, agents and employees as additional
insurers on the policy, shall hold them harmless, indemnify them from
any and all claims filed against the Borough arising out of any act
or failure to act on behalf of the contractor and shall contain an
endorsement providing 30 days' notice to the Borough in the event
of any material changes of the policy or cancellation thereof. Those
contractors meeting the eligibility requirements shall be approved
and added to the rotating list by resolution of the Borough Council,
upon advice of the Chief of Police.
Editor's Note: Ord. No. 1096 rescinded § 3-22.7, Rates and Charges for Passenger Vehicles, Motorcycles, All Terrain Vehicles and Mopeds. Prior history includes Ord. No. 906. Fees are on file in the Borough offices.
Editor's Note: Ord. No. 1096 rescinded § 3-22.8, Rates and Charges for Trucks and Omnibuses with Gross Weight of 1 1/2 Tons or More. Prior history includes Ord. No. 906. Fees are on file in the Borough offices.
[Ord. #906, § 3-22.9]
a.
The contractor shall provide to the Borough the following information
concerning vehicles and employees.
1.
The year, make, model, vehicle identification number, type of vehicle,
registration number and proof of insurance.
2.
The full name and address of all employees and license numbers.
3.
The addresses where the contractor shall be regularly based, telephone
numbers available on a twenty-four-hour-per-day basis and the names
of all operators, their addresses and the serial numbers of their
New Jersey motor vehicle licenses.
4.
Certification of approved emergency warning lights.
b.
Information; Fingerprinting.
c.
The contractor shall provide the Borough of Brielle with records
of all towed vehicles, storage and towing charges upon request.
[Ord. #906, § 3-22.10]
a.
The hours of 8:00 a.m. until 4:30 p.m. shall apply to the day rate
on Monday through Friday, except New Jersey State holidays. The night,
weekend and holiday rate shall otherwise apply.
b.
The contractor shall charge the motor vehicle owner/operator or insurance
company directly for all services provided.
c.
The contractor may charge an hourly rate for standby time incurred for winching, uprighting, excessive cleanup and other circumstances which fall outside the scope of services classified as normal in subsections 3-22.6 and 3-22.7 at the prevailing/established rate.
d.
In times of emergencies and/or natural disasters, the Borough of
Brielle reserves the right to contract other towing service operators
who may not be on the rotation list.
e.
The owner of a vehicle involved in an accident shall have the right,
if he/she so desires, to designate a tow operator of his/her choice.
The owner's tower must be on the approved rotational towers list.
f.
Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services or removal of abandoned or accident
vehicles which such employees find it necessary to turn around, back
up, tow in the opposite direction of traffic or cross the median.
g.
Towing operators shall not permit a vehicle to be removed from the
scene of a vehicular accident, the scene of a crime or any other instance
or situation without the prior approval and permission of a police
officer and/or superior at the scene.
h.
If a tower responds to a call and the vehicle owner uses their own
tower, responder will be put back on top of call list.
i.
In the event that the towing operator fails to respond within 20
minutes from the time of the call, the Police Department reserves
the right to contact the next available towing operator on the rotational
list.
j.
In no instance shall the towing operator request payment from the
Borough of Brielle for any services rendered to the owners of private
vehicles.
k.
It shall be the responsibility of all towing operators to provide
all motorists utilizing the towing operator's services with a written
schedule of fees which lists all fees to be charged for towing, storage,
and road services within the Borough of Brielle. Said schedule shall
be printed on the business card or towing receipt of the towing contractor.
Towing operators shall not exceed the maximum charges set forth in
the fee schedule for towing and the storage of vehicles regulated
under the provisions of this section.
l.
The towing and storage fees and fee schedules of all towing operators
serving the Borough on a rotational basis shall be filed with the
Chief of Police and the Borough Clerk and shall be made available
to all citizens upon request. The fee schedule shall be available
at the Municipal Building located at 601 Union Lane, Borough of Brielle,
Monday through Friday, except holidays, between the hours of 8:30
a.m. and 4:00 p.m.
m.
No towing contractor that receives a call pursuant to the rotational
list shall be permitted to substitute another towing contractor without
approval of the Police Department.
n.
During any week in which a towing contractor is the designated tower
on the rotational list, the towing contractor must maintain Saturday
office hours between the hours of 8:00 a.m. and 12:00 p.m. for customer
pickup of vehicles and retrieval of personal property.
o.
During any time in which a towing contractor is on call, the towing
contractor shall maintain a direct telephone access to permit direct
contact with the towing operator and the use of answering machines
or answering services by the towing operator shall be prohibited.
[Ord. #906, § 3-22.11]
a.
The Chief of Police is hereby authorized to establish reasonable
rules and regulations for the supervision, inspection and same operation
of tow trucks, wreckers and other related vehicles and equipment in
accordance with the standards outlined in this section. The Chief
shall maintain due vigilance over all towing operators to make certain
that the tow trucks and other related vehicles and equipment are maintained
in a safe working condition for transporting and hauling disabled
vehicles. The Chief or his designated representative shall have the
right at all times to inspect all tow vehicles and related equipment
which perform services pursuant to this section.
b.
At any time, should the Chief or his designee determine that the
vehicles and/or equipment being used are unsafe, he shall have power
and authority to direct that immediate correction or repair of any
automotive defect, malfunction or violation of motor vehicle regulations
within a specified period of time to be determined by the Chief. The
Chief of Police is authorized and empowered to establish and transmit
from time to time to all tow operators on the rotational list, such
additional rules and regulations not inconsistent with these provisions
of this section as may be reasonable and necessary in carrying out
the provisions of this section.
[Ord. #906, § 3-22.12]
a.
The Chief of Police shall have the power to suspend a towing operator
from the rotational duty service list for a period of up to 30 calendar
days for failure to comply with any subsection of this section. A
subsequent violation may result in the permanent removal of a towing
operator from the rotational duty service list for a twelve-month
period. A towing operator may appeal the Chief's ruling of either
a suspension or a permanent removal. In such cases, an appeal may
be filed with the Borough Clerk within 10 business days of the Chief's
decision. A hearing may be held by the Borough of Brielle Council
within 30 business days of the filing. The Borough of Brielle Council
shall render its determination within 20 business days following the
conclusion of the hearing. The Governing Body's determination as rendered
shall be final and conclusive under this section.
b.
In addition, failure to comply with the Borough's zoning, land use
and property maintenance codes may subject any operator to suspension
from the rotational duty service list upon request to the Chief of
Police from the Borough's Construction Code Official/Zoning Officer
and/or Property Maintenance Officer. Any towing operator suspended
from the rotational duty service list for any violation of the Borough's
zoning, land use and development and/or property maintenance codes
shall have the right to due process and appeal as set forth in paragraph
a above.
c.
Any complaints or disputes arising from the towing and storage of
motor vehicles without the consent of owner shall be made in writing
by the owner and forwarding same to the Chief of Police. Said owner
shall have the right to due process and appeal as set forth in paragraph
a above.
[Ord. #906, § 3-22.13]
Any person, firm or corporation who willfully violates any of
the provisions of this section, shall, upon conviction, be subject
to a fine not exceeding $1,250 or to imprisonment for a term not exceeding
90 days, or both. Each and every violation of this section or each
and every day that any violation shall be permitted to continue shall
be construed as a separate and distinct violation hereof. The Police
Department is specifically designated as the enforcement officers
to serve and execute process for violation of this chapter.
[Ord. #941]
Charitable organizations as defined in N.J.S.A. 45:17A-20, shall
be permitted to solicit contributions for charitable purposes in the
right-of-way of a road or highway maintained or under the jurisdiction
of the New Jersey Department of Transportation or the Monmouth County
Board of Chosen Freeholders subject to the charitable organization
obtaining prior written approval from the governmental entity having
jurisdiction over the road or highway.
In the case of any State road or highway or intersection thereof,
a written permit shall be obtained from the Department of Transportation
in accordance with the provisions of N.J.A.C. 16:40-1 et seq.
In the case of any County road or highway or intersection thereof,
a written permit shall be obtained from the Monmouth County Board
of Chosen Freeholders in accordance with rules and regulations established
by it.
Solicitation shall be subject to the specific terms and conditions
of the permit granted by the County or State. The State or County
permit, as applicable, shall be in the possession of the solicitor
during all times of solicitation and be available for inspection by
local, County and State law enforcement officers.
[Ord. #941]
The following rules and regulations shall apply to charitable
organizations soliciting under the term of this section.
a.
Charitable organizations shall solicit only for charitable purposes.
b.
Solicitations shall be permitted only at signalized intersections
or when an existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
c.
Each person soliciting charitable contributions on behalf of a charitable
organization shall be at least 18 years old.
d.
Solicitation is encouraged to be off the traveled way.
e.
Solicitors shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease when traffic is moving. The use of flagmen is prohibited.
f.
Solicitation shall only be permitted during daylight hours. State,
County, local law enforcement officers or representatives of the Department
of Transportation may suspend solicitation operations at any time
if any condition of the permit is violated, or, if in the law enforcement
officer's or the Department's sole discretion, traffic is being impeded
or delayed or the public safety is at risk.
g.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol while soliciting.
h.
Solicitors shall not harass the public.
i.
All solicitors shall wear safety vests that are in accordance with
Department of Transportation standards.
j.
Parking of vehicles shall comply with applicable traffic regulations.
k.
Solicitors shall not install any traffic control devices.
l.
Signs advertising the roadway solicitation are permitted, provided
the signs are of a temporary construction and breakaway to the extent
possible. Signs shall be a maximum of 16 square feet.
Signage shall be in accordance with the temporary signage standards
contained in the Manual of Uniform Traffic Control Devices, 1988,
or superseding issue.
At least two warning signs shall be placed as follows:
1.
CHARITABLE SOLICITATIONS 500 FEET AHEAD.
2.
The second sign following shall identify the name of the charitable
organization.
Signs shall not be permitted in the traveled way or in medians
less than eight feet in width. All signs warning, noticing or advertising
a solicitation shall be removed immediately following the solicitation
event.
m.
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way.
[Ord. #941]
If the charitable solicitation is proposed at the intersection
of a State or County highway, the charitable organization must obtain
written approval from both the Department of Transportation and the
Monmouth County Board of Chosen Freeholders.
[Ord. #941]
If the charitable solicitation is proposed at the border of
Brielle and any other municipality, the charitable organization must
obtain approval for the solicitation from the adjoining municipality.
[Ord. #941]
A copy of the application form filed with the Department of
Transportation or the Monmouth County Board of Chosen Freeholders
shall be filed with the Municipal Clerk, and shall specify the location,
date, duration and time of the proposed charitable solicitation. One
application form may cover multiple dates during the same calendar
year.
[Ord. #941]
The Borough of Brielle shall not be liable in any civil action
for damages for property damage or personal injury resulting from
a motor vehicle accident arising out of or in the course of a charitable
organization soliciting charitable donations.
