A. 
Interpretation.
For the purposes of this ordinance, person or persons is defined to include individuals, groups, associates, companions and all those engaged in a common activity or endeavor.
B. 
Definition.
PLACE WITHIN THIS BOROUGH
Shall mean and is defined to include highways, streets, alleys, thoroughfares, docks, piers, beaches, public and quasi-public places, parking lots, vacant lots and private property and buildings not in the active and actual possession and use of the owners or other lawful occupants.
It shall be unlawful for any person or persons to discard, except in receptacles provided therefor, containers made of glass, tin, cardboard, plastic or other trash material, substances or garbage in or upon any place within this Borough.
[1]
Editor's Note: See Ch. 37, Garbage and Rubbish.
[New]
The consumption of alcoholic beverages in any automobile or in any place within this Borough, as defined in § 48-1 of this ordinance shall be governed by N.J.S.A. 39:4-51B and any subsequent amendments thereto concerning prohibition of possession of open unsealed alcoholic beverage container.
[New; amended 3-22-2023 by Ord. No. 1398]
A. 
It shall be unlawful for any person or persons to willfully usurp the use of any public facility, or to use or usurp the use of any public or quasi-public bench or seat, for sleeping, or the storage of baskets, bundles, clothing or other like objects, so as to prevent the reasonable use thereof by others.
B. 
It shall be unlawful for any person to fasten, chain or otherwise secure by any means bicycles, electric bicycles, surreys, minibikes, mopeds. scooters, beach carts, chairs, or any other object to Borough property not intended for such use, such as, but not limited to benches, fencing or railings.
C. 
Only bicycles, electric bicycles or scooters may be placed in, or secured to, a bicycle rack.
D. 
It shall be unlawful for any person who owns, or is in possession or control of any electric or nonelectric bicycle, scooter, or other such device, to leave, or allow another person to leave such property or device unattended on a bike path, sidewalk, street, right-of-way or within any park area, or set against any Borough property. Unattended, for the purposes herein, shall mean the person who owns or is in possession or control of the property is not within visual sight of the property.
E. 
Any such property or device described in Subsections B and D above may be impounded and secured by the Police Department. In the event such property or device is fastened to Borough property, the Police Department, or Department of Public Works, is authorized to detach such property or device at the expense of the owner, and the Borough shall not be liable for any damage to the property resulting therefrom, including, but not limited to, damage to locks or other mechanism used to secure such items to Borough property.
F. 
Any owner or person found to be in violation of this section shall, upon conviction of a violation. be subject to a fine of not less than $100.
[Added 3-22-2023 by Ord. No. 1399]
A. 
Purpose. Municipal offices, work areas, break rooms, storage areas and other such areas not open to the public, located in, or adjacent to any municipally owned property, leased, or controlled by the Borough of Wildwood Crest shall be secured against public entry for the purpose of protecting documents, digital data and other written, copied or printed materials, displayed on computer terminals or screens, that are not subject to the Open Public Records Act,[1] which may include, but are not limited to, personally identifiable information that is protected by the Statutes of the State of New Jersey and the federal laws of the United States and to provide a productive, safe and secure work environment in which Borough officials and employees can perform their official duties and responsibilities unimpeded or disturbed by intrusion or disruption.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
B. 
Conditions imposed on access to municipal facility. All persons entering into or onto Borough-owned property, buildings, structures, and facilities, shall be subject to the following conditions upon entering onto, into or remaining in any such property, building, structure or facility.
(1) 
All persons shall have access only to areas that are open to the public and shall not proceed past any posted sign as provided for herein and shall not enter before such time that the property, building, structure, or facility has been opened to the public, or remain therein after such property, building, structure, or facility has been closed to the public.
(2) 
All persons entering into or on Borough property, buildings, structures, and facilities, shall comply with the directions of any Borough employee, official, or agent to immediately leave any area that has been designated as a restricted area, and to immediately relocate to nearest public area. Such directions, notwithstanding any posted signage, shall constitute notice of violation of the conditions of entry imposed upon persons of the public.
C. 
Business hours. The Board of Commissioners of the Borough shall determine, by resolution, the designation of all restricted areas, and the times all Borough property, building, structures, and facilities shall be open and closed to members of the public.
D. 
Signage. The Borough shall be required to post the following signs.
(1) 
A copy of the terms and conditions of entry into any Borough building, structure or facility shall be placed at the main entrance of all buildings, structures or facilities to which the public is permitted to access, together with the time the property, building, structure or facility is open to the public and the time which it is closed to the public.
(2) 
At the entry point of all secured areas not open to members of the public inside buildings, structures or facilities, and in all exterior areas which are required to be secured, such as, but not limited to, storage of equipment, vehicles, parking area, or places that pose a danger to the public, or for security purposes, a sign shall be posted which shall state, "Stop, Restricted Area, Authorized Personal Only, violators shall be subject to prosecution pursuant to N.J.S.A. 2C:18-3."
It shall be unlawful and offensive in any place within this Borough for any person or persons to use any motor vehicle as a place for the purpose of completely changing from street attire into bathing apparel or vice versa; or to engage at any time, day or night, in the practice commonly known as "sleeping in a car"; or to drive or occupy a motor vehicle being driven or parked upon the public beach bordering the Atlantic Ocean (except those operated by or for the governmental purposes of this Borough).
It shall be unlawful and offensive for any person or persons to enter upon any place within this Borough without the consent of the owner or other person in lawful control and possession thereof, and to there change apparel or dress or undress, or make use of the furniture or furnishings, showers, toilets or other facilities there installed, or wander or roam about the premises, or defecate any of the functions of the human body, or commit other nuisance or other maliciously mischievous conduct.
A. 
No person shall park, stop or stand a motor vehicle upon any private parking lot, parking area, driveway or any private property without proper authority of the owner thereof.
B. 
Any unoccupied motor vehicle parked, stopped or standing on a private parking lot, parking area, driveway or any private property in violation of this section shall be deemed a trespass. The owner of said premises may provide for the removal of such motor vehicle, and the costs of said removal and storage shall be borne by the owner of said vehicle.
C. 
The uniform traffic summons shall be used as the complaint form for this violation. The owner of the property, or his designated agent, shall sign that portion of the summons as the complainant. A police officer shall countersign as witness.
[New]
It shall be unlawful and offensive conduct for any individual or group of individuals to revel, disport or behave in a noisy, boisterous manner, omitting loud cries and other noises, or jostling those about them, or causing inconveniences to those about them, or to otherwise disrupt and disturb the public peace and dignity, in any place within this Borough as defined in this ordinance, church or place of worship, school, or in any building open for the accommodation of the public for entertainment, education or other lawful purpose, and which shall be governed by N.J.S.A. 2C:33-2 and any subsequent amendments thereto, Disorderly Conduct.
[New]
It shall be unlawful for any person or persons to continuously or intermittently blow the horn of any automobile or other signaling devices while operating in traffic, except in an emergency for the procurement of medical aid for the sick or injured; or to use the horn of an automobile as a means of announcing the presence of an automobile for the purposes of attracting attention of prospective passengers or riders therein, at any public or quasi-public place, particularly churches or places of worship, theaters, hotels or rooming or lodging houses, so as to disturb the peace, quiet, sleep and rest of others; or otherwise than as a warning signal for and in traffic, and which shall be governed by N.J.S.A. 39:3-69, and any subsequent amendments thereto, Horns and Audible Warning Devices.
[New]
Pursuant to N.J.S.A. 2C:33-15, it shall be unlawful for any person under the age of 21 years to knowingly possess or consume or be found guilty of having consumed any alcoholic beverage in any place within this Borough or in any motor vehicle within the territorial limits of this Borough. There shall be a rebuttable presumption against each and every person charged with the offense of the possession of an alcoholic beverage in a motor vehicle that he was knowingly in possession thereof; provided, however, nothing in this ordinance shall apply to possession of an alcoholic beverage by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control. Violations and penalties shall be as provided under N.J.S.A. 2C:33-15.
[New]
It shall be unlawful for any person or minor to have in his possession, or use any identification card or badge for the purpose of establishing identity other than his own or who shall use or possess any identification card or badge that has been altered, forged, or otherwise changed for the purpose of falsely establishing identity within this Borough for any purpose whatsoever. The provisions of N.J.S.A. 2C:28-7, and any subsequent amendments thereto, Tampering with Public Records or Information, and N.J.S.A. 2C:33-15, and any subsequent amendments thereto, Possession, Consumption of Alcoholic Beverages by Persons Under Legal Age; Penalty, shall be applicable in addition to this section.
It shall be unlawful to consume or openly display, expose or dispense alcoholic beverages upon the streets, highways, public property or places, or in automobiles, or in other vehicles, parked upon the streets, highways, alleys, parking lots or other places not expressly licensed for the sale and consumption of such beverages, of which no such licensed places or premises exist in the Borough of Wildwood Crest. Open display of an alcoholic beverage shall include the possession, consumption or carrying of any alcoholic beverages in a manner in which the alcoholic beverage could be visible to the public.
[New]
Unless otherwise provided by law, any person violating any of the provisions of this Article I, upon conviction thereof, shall be subject to a fine in any sum not exceeding $2,000, and in default of payment of such fine, shall be imprisoned in the County Jail for a term not exceeding 90 days, and any repetition of any act herein prohibited shall be deemed a new and separate offense and, upon conviction thereof, shall be subject to a fine in any sum not exceeding $2,000, or be imprisoned as aforesaid for a term not exceeding 90 days.
If any section, part of section, sentence, clause or phrase of this ordinance shall be held to be unconstitutional or invalid, the remaining provisions hereof shall nevertheless remain in full force and effect.
All ordinances or parts of ordinances inconsistent with this ordinance, to the extent of the inconsistency only, be and the same are hereby repealed.
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
Any person violating the provisions of this ordinance shall, in accordance with the provisions of N.J.S.A. 40:48-1 as amended, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
A. 
In addition to the fine authorized for this offense, the Court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the Court pursuant to N.J.S.A. 40:48-1, as amended. If a person at the time of the imposition of sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
B. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the Court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
C. 
The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
D. 
If a person convicted under this ordinance is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit it to the Motor Vehicle Commission on the required report. The Court shall not collect the license of a non-resident convicted under this ordinance. Upon receipt of a report from the Court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
A. 
Nothing contained in this ordinance is intended, nor shall it be construed, as prohibiting an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite, or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
B. 
As used in the preceding Subsection A., the following terms shall have the meaning set forth:
GUARDIAN
A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparent, aunt, uncle, sibling, or any other person related by blood or affinity.
C. 
Nothing contained in this ordinance is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this ordinance shall not be construed to preclude the imposition of a penalty under this ordinance, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.