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.
[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, 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.
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.