[New; Ord. #562; Ord. #2005-65; Ord. 2006-80]
For violation of any provision of this chapter and any other
chapter of these Revised General Ordinances, or any other ordinance
of the borough where no specific penalty is provided, the maximum
penalty, upon conviction, shall be one or more of the following:
a. A fine not exceeding $2,000;
b. Imprisonment in the county jail or another place of imprisonment
or confinement for a term not exceeding 90 days;
c. A period of community service not exceeding 90 days.
Except as otherwise provided every day or part of a day in which
a violation of any provision of these ordinances exists or occurs
shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation, unless a minimum penalty is provided.
The borough council may prescribe that for the violation of
any particular provision or section of these ordinances a minimum
penalty must be imposed which shall consist of an amount fixed by
that ordinance, provision or section, which minimum penalty shall
not exceed $100 or 10 days community service.
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation of the same ordinance,
and who was fined for the previous violation, shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than $100 or exceed the maximum fine fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance, and the total sum of the
basic fine imposed for the violation and the additional fine imposed
as a repeat offender may exceed the maximum fine fixed for a violation
of the ordinance.
[Ord. #22; Ord. #24; Ord. #697]
All of the following named acts shall be deemed disorderly and
are hereby prohibited:
a. Buying
or selling intoxicating liquor for beverage purposes in violation
of law.
b. No
person shall be under the influence of intoxicating liquor in any
street, highway, thoroughfare, sidewalk or other public or quasipublic
place, or upon private property, not his own, within the borough.
c. No
person shall make, aid, countenance or assist in making any improper
noise, riot, disturbance or breach of the peace in or upon any street,
highway, thoroughfare, sidewalk, building or other public or quasi-public
place, or upon private property, not his own, or disquiet or disturb
any congregation or assembly of any kind whatsoever in any church
or other building by any rude, disorderly or indecent behavior of
any kind.
d. No
person shall go about from door to door or place himself in or upon
any street, highway, thoroughfare, sidewalk, building or other public
or quasi-public place or upon private property, not his own, to beg
or gather alms.
e. No
person shall utter any loud, offensive or abusive language or address
or make any offensive comments or remarks to or concerning any persons
in any street, highway, thoroughfare, sidewalk, building or any other
public or quasi-public place, or upon private property, not his own.
f. No
person shall hinder, obstruct or interfere in any manner with any
member of the police department of the borough in the performance
of his duties nor shall any person willfully refuse or neglect to
assist any such police officer when lawfully called upon by him to
do so in the execution of any process or in the suppression of any
breach of the peace or disorderly conduct or in a case of escape or
when such officer is resisted in the discharge of his duty, nor shall
any person resist or oppose any police officer of the borough or any
person authorized by law in serving or attempting to serve any writ,
bill, order or process or when making any arrest.
g. No
person shall without legitimate purpose or business cross any police
line or area of investigation which has been established by any member
of the police department of the borough at the scene of a crime, disaster,
conflagration, fire, motor vehicle accident or other incident.
h. No rental
facility and rental unit shall be used in a manner which will result
in any unreasonable disturbance or disruption to the surrounding properties
and property owners or of the public in general.
[Added 12-16-2021 by Ord. No. 2021-309]
No person shall discharge or cause to be discharged any firearm
of any kind or description within the limits of the Borough of Union
Beach, unless said firearm is discharged in defense of his life or
property. This provision may be waived by specific authorization by
the mayor and council, which can permit controlled shooting events
in connection with fund raising efforts of borough volunteer fire,
first aid, and other not for profit organizations. This provision
shall apply to firearms fired with blank cartridges or shells, as
used in connection with athletic or sporting events, nor the discharge
of firearms by the police department of the borough or any member
thereof while actually engaging in fire or target practice on any
property or range owned, occupied by, leased or controlled by the
Borough of Union Beach or the police department thereof. This provision
shall not apply to hunting by properly licensed hunters who are hunting
in areas of the Borough of Union Beach where the duly constituted
state authorities have preempted local authority, so long as all other
state laws have been complied with as to the dates, hours, type of
weapons and game hunted.
Each and every person violating this section shall, upon conviction, be liable to the penalty established in section
3-1.
Games of chance may be conducted under any license issued under
the Bingo Licensing Law and the Raffles Licensing Law on Sunday in
the borough.
[Amended 5-16-2019 by Ord. No. 2019-280]
It shall be unlawful for any child of or under the age of 16
years to be upon or in any public street, park, public place, or quasi-public
place, either on foot or in any vehicle, after the hour of 10:00 p.m.,
unless accompanied by a parent, guardian, a member of his immediate
family over the age of 21 years, or by such other person as shall
have legal custody and control of the minor child. On October 30 and
October 31 of each year, or on the actual Halloween Eve night and
Halloween night if changed from the above dates, the above curfew
hour shall be 8:00 p.m. instead of 10:00 p.m.
[Amended 5-16-2019 by Ord. No. 2019-280]
It shall be unlawful for any parent, guardian, or such other
person having the custody and control of such minor child of or under
the age of 16 years to allow, suffer, or permit any such minor child
to go to or be in or upon the streets, parks, public places, or quasi-public
places in the Borough, after 10:00 p.m., except in the manner and
for the purposes specified in this section. On October 30 and October
31 of each year, or on the actual Halloween Eve night and Halloween
night if changed from the above dates, the above curfew hour shall
be 8:00 p.m. instead of 10:00 p.m.
The provision of this section shall not apply to any minor child
of or under the age of 16 years who shall be gainfully employed or
who shall be a bona fide student of a school of instruction during
the time necessarily required to travel between such minor child's
residence and place of employment or instruction.
Any policeman is hereby authorized and empowered to take into
custody any minor child of or under the age of 16 years who may be
in the act of violating the provisions of this section. The officer
shall return the child to his home and shall notify the parent or
person having the legal custody and care of the child of the violation
of this section, and the penalty for a subsequent violation, and shall
report the violation to the captain of police of the borough who shall
keep a record thereof. The child shall be released immediately in
the custody of such parent or person having legal care and custody.
Upon any subsequent violation of the provisions of this section by the minor child of or under the age of 16 years, or by the parent, guardian, or person having the legal custody of the child, and upon conviction thereof, the violator shall be liable to the penalty established in section
3-1.
a. It shall be unlawful for any person to locate a trailer or an automobile
trailer, or park or occupy one as a dwelling or business establishment,
within the limits of the borough, except as provided in this section.
b. No person shall park or occupy any trailer on the premises of any
occupied dwelling, or on any lot which is not a part of the premises
of any occupied dwelling, except the parking of only one unoccupied
trailer in an accessory private garage building, or in a rear yard
in any district, provided no living quarters shall be maintained,
or any business practiced in the trailer while the trailer is parked
or stored.
Emergency or temporary stopping or parking of an automobile
trailer on any street for not longer than one hour subject to any
other and further prohibition regulations or limitations imposed by
the traffic and parking regulations or ordinances for that street,
roadway, or highway, shall be excepted from the prohibition of this
section.
An "automobile trailer" or "trailer" shall mean any vehicle
or structure so designed, and constructed in such matter as will permit
occupancy thereof as sleeping quarters for one or more persons, or
the conduct of any business or profession, occupation or trade, for
use as a selling or advertising device, and so designed that it is
or may be or intended to be mounted on wheels and used as a conveyance
on streets, propelled, or drawn by its own or other motive power.
Any person found guilty of violating any provision of this section shall be liable to the penalty established in section
3-1, and every day such violation exists shall constitute a separate offense and be punishable as such.
[Ord. #217; Ord. #2009-138]
It is hereby determined and declared that the placing, abandonment,
leaving, keeping or storage out of doors of any motor vehicle not
registered and not having a valid inspection sticker or any other
unused machinery or equipment on public or private lands in the borough
is contrary to and inimical to the public welfare and aesthetics of
the borough in that such articles so placed, abandoned, left, kept
or stored, attract or may attract persons of tender years who, being
so attracted, may play in and about them and be injured in so doing
and in that such articles so placed, abandoned, left, kept, or stored
out of doors, exposed to the elements, deteriorate and in themselves
are unsightly and deteriorating, become more unsightly and are detrimental
to, and depreciate, the value of properties in the neighborhood where
they are located and in the borough as a whole.
No person shall place, abandon or leave, keep or store, or suffer, or permit the placing, abandoning, leaving, keeping or storage of any article described in subsection
3-8.1 of this section out of doors upon any public or private land in the borough or between the right-of-way side lines of any public thoroughfare. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any article in an enclosed garage, barn or other building.
If any article described in subsection
3-8.1 of this section shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of the land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.
Whenever it shall appear to any member of the police department of the borough that subsection
3-8.2 is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the article or articles constituting the violation from the borough or into an enclosed garage, barn or other building within 10 days of the service of the notice, which notice shall be served upon the owner or tenant, if he resides in the borough, personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years: but if any such owner or tenant shall reside outside the borough or the state the notice shall be served upon him by registered or certified mail addressed to him at his usual residence if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the borough may be published and the owner or tenant shall so abate the violation within the time fixed by the notice. Notice to the owner shall be of such a nature that will afford the owner or holder of any security interest therein filed with the Director of Motor Vehicles a reasonable opportunity and reasonable notice to redeem the property or defend in the complaint or notice.
Whenever it shall appear to any member of the police department of the borough that subsection
3-8.2 is being violated and that the violation exists on public lands or between the right-of-way side lines of any public thoroughfare, he
a. Shall determine whether any articles constituting the violation constitutes
or may constitute a traffic hazard and if so, he shall move it or
cause it to be moved to a nonhazardous location or into an enclosed
storage place;
b. Shall ascertain, if he can, who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him, which notice shall be given as required in subsection
3-8.4 for the service of notice;
c. If any article constituting the violation constitutes or may constitute
a traffic hazard and it cannot be moved to a non-hazardous location
or if the name and address of the owner of the article cannot be ascertained
or if the violation be not abated in the time required by the notice
given under the preceding paragraph, he shall
1. Determine whether the article or articles have a value in excess
of the cost of removing it or them to enclosed storage and the cost
of storing it until time of sale pursuant to R.S. 39:10A-1.
2. Unless the article or articles appear to have a value clearly in
excess of such cost, he shall arrange, if he can, for the removal
of it or them by someone who will undertake that removal without cost
to the borough but otherwise he shall arrange for that removal at
the expense of the borough to an authorized dump;
3. If the article or articles appear to have a value clearly in excess
of said cost he shall remove it or them or cause it or them to be
removed at the expense of the borough to enclosed storage;
4. If the article or articles be removed under the foregoing paragraph a or subparagraph c.2 or c.3 he shall, in the manner required by subsection
3-8.4 for service of notice, give notice to the owner of that removal and of the place to which the article or articles have been removed and of the owner's right to reclaim it or them by paying the cost of removal and interim storage charges.
If any article or articles impounded by the police department
under this section shall remain in its possession after 30 days after
notice of the impounding in the case of motor vehicles and for six
months for all other articles the impounded article or articles shall
be deemed to have been abandoned and forfeited by the owner and the
governing body of the borough shall sell and dispose of them as provided
in R.S. 40: 47-20.
In the event the borough police shall take possession of a motor
vehicle found abandoned, such taking of possession shall be reported
immediately to the director of motor vehicles on a form prescribed
by him for verification of ownership. When such motor vehicle shall
have remained unclaimed by the owner or other person having a legal
right for a period of 30 days, the same may be sold at auction in
a public place pursuant to R.S. 39:10A-1.
Notice to the owner of such sale whether a resident or non-resident
shall be pursuant to the rules of Civil Practice Rules by registered
mail, certified mail or personal service, as the case may be under
Rule 4: 4-4 etc., and its subdivisions, or on non-residents pursuant
to Rule 4: 4-5 to afford a reasonable opportunity to be notified and
a reasonable opportunity to be heard on the sale, by giving notice
of the sale by certified mail to the owner if his name and address
be known and to the holder of any security interest filed with the
director and by publication in a form to be prescribed by the director
by one insertion, at least five days before the date of the sale,
in one or more newspapers published in the state and circulating in
the municipality in which the motor vehicle is held; pursuant to R.S.
39: 10A-1.
At any time prior to sale the owner or other person entitled
may reclaim possession of the motor vehicle upon payment of the reasonable
costs or removal and storage of the vehicle and any fine or penalty
and court costs assessed against him for a violation which gave rise
to the seizure of taking possession of the vehicle; pursuant to R.S.
39: 10A-2.
If the borough takes possession of a motor vehicle pursuant
to R.S. 39: 10A-3, it shall in its report to the director, certify
on an application prescribed by him that the motor vehicle is incapable
of being operated safely or of being put in safe operational condition
except at a cost in excess of the value thereof, the division shall,
without further certification or verification, issue to the borough
for a fee of $1 a junk title certificate thereto, with proper assignment
thereon, which shall be assigned and delivered to the purchaser of
the vehicle at public sale.
Upon the sale of any motor vehicle for which no junk title certificate
shall have been issued, the borough shall execute and deliver to the
purchaser an application for certificate of ownership prescribed by
the director in the same form and manner as provided in Revised Statutes
39:10-15, which shall also contain the name and address, if known,
of the former owner. Such application shall be accepted by the director
for issuance of a certificate of ownership for a fee of $2.
Upon the sale of a motor vehicle pursuant to the provisions
of this section all claims of interest shall be forever barred and
the proceeds realized after payment of the expenses of possession
and sale, shall be remitted to the treasury of the borough, as its
sole property.
This section is intended to provide an additional remedy and
shall not be construed to supersede procedures provided under any
other ordinance.
Any person who shall violate this section may be liable to the penalty established in section
3-1.
[Ord. #402; Ord. #509; Ord. #98-789; Ord. #2000-814; Ord.
#2002-10; Ord. #2003-25; Ord. #2006-80; Ord. #2009-147; Ord. #2010-152]
The purpose of this section is to provide for the regulation
and licensing of owners, operators, and vehicles of wrecking companies
servicing the Borough of Union Beach. The mayor and borough council
wish to enhance and protect the safety and welfare of the general
public by: (1) requiring certain qualifications to be met for a borough
wrecker license; (2) instituting safer and more efficient procedures
for the removal of disabled vehicles; and (3) regulating the fees
to be charged for services rendered in accordance with fair and standardized
schedules.
For the purpose of this chapter, the following words shall have
the meanings set forth herein:
a. WRECKER - Shall mean a vehicle driven by mechanical power and employed
for the purpose of towing, transporting, conveying and removing vehicles
which are unable to be operated under their own power.
b. CRUISING -Shall mean driving an unengaged wrecker along a public
street, at a slow rate of speed or in any other fashion calculated
to achieve the purpose of soliciting business along the public highway.
No person shall operate a wrecker within the borough or engage
in the business of operating a wrecker within the borough unless a
license has first been obtained for such wrecker as provided herein.
Every vehicle operated as a wrecker shall have its own separate license,
even though it is owned or operated by a person or business entity
having other validly licensed wreckers. No license issued hereunder
may be transferred from one licensee to another or from one wrecker
to another wrecker.
Except as provided in subsection
3-9.14 hereof, this chapter shall not apply to any person who is not engaged in the business of operating a wrecker within the borough and who causes a wrecker owned, leased or operated by it to:
a. Tow a disabled vehicle through the borough from a point outside the
borough to a destination also outside the borough.
b. Pick up a disabled vehicle outside the borough and tow it to a destination
within the borough.
a. All applications for wrecker licenses shall be made by the owner, lessee or bailee thereof, on blank forms to be furnished by the borough clerk. Such application shall contain the full name and address of the owner, lessee or bailee of the wrecker, as well as the full name and address of the applicant. A description of each wrecker for which a license is sought, and the location of the premises where such wrecker is usually stored, shall be set forth in the application. Applications shall be submitted to the borough clerk and shall be accompanied by the applicable fee, as set forth in subsection
3-9.10 hereof, as well as the necessary certificates of insurance required by subsection
3-9.11.
b. Number of Applications/Number of Licenses. No more than eight applications
for wrecker licenses will be accepted by the borough from which the
borough shall awarded a maximum of eight licenses to qualified applicants.
c. Date for Filing Application. All applications for wrecker licenses
shall be submitted on or before the last day of March of said calendar
year after which no further applications will be accepted for that
year.
The borough clerk shall, as soon as possible, submit applications
to the chief of police. Within 10 business days after receipt of any
application, the chief of police, or his designee, shall cause an
investigation to be made and completed of the applicant, his business
operation, and the wreckers sought to be licensed, for the purpose
of determining compliance with this section. A report of the investigation,
accompanied by a recommendation as to whether the license should be
issued, shall be forwarded promptly to the borough council, which
shall act upon the application within 15 business days.
Every determination of the chief of police and the borough council
which results in denial of a borough wrecker license shall be accompanied
by the reasons therefor, including the facts upon which the denial
was based. Denials of licenses shall be based on fair and reasonable
standards. Acceptable reasons for denial of a license include, but
are not limited to:
a. Unworthy moral character of applicant (i.e., conviction of a crime
or violation of motor vehicle statutes and/or ordinances).
b. Unsatisfactory safety record.
c. Insufficient experience in the wrecking business.
d. Any other good cause justified by the need to protect public safety
and welfare.
All licenses shall be for one term from January 1 to December
31 of the year for which the license is issued. Application for renewal
of licenses shall be made in accordance with the procedures for original
issuance as set forth herein.
All wreckers licensed hereunder shall contain a card, permit,
or approved copy of the license, as determined by the chief of police,
which shall be displayed within the cab of the wrecker, where it can
be easily read, and shall state the license and identification numbers
of the wrecker and the rates to be charged. This card, permit, or
copy of the license shall be protected by a plastic pouch or folder,
and shall be produced at the request of the police or a member of
the public for any necessary copying of information.
The fee for the issuance of a wrecker license shall be as follows:
a. Application Fee:
$250 per year, plus $25 per year for each wrecker licensed.
Fees to be retroactive to January 1, 2010.
No license shall be issued for a wrecker unless there is in
force, with respect to such vehicle, a valid policy of insurance,
issued by an insurance company authorized to do business in the State
of New Jersey, covering property damage in the minimum amount of $25,000
and a policy of public liability insurance covering personal injury
in the minimum amount of $100,000 per person and $300,000 in the aggregate.
Such insurance policy shall remain in force for the duration of each
wrecker's license and shall contain a provision that such insurance
shall not be cancelled unless upon at least 10 days' advance notice
to the borough.
To be eligible for inclusion in the police department "call list," as provided for in subsection
3-9.16 hereof, each insurance policy referred to in this subsection shall specifically name the borough as an insured party. Proof of compliance with the requirements of this subsection shall be evidenced by a certificate of insurance issued by the insurance carrier at the time of application for the license.
Each wrecker sought to be licensed hereunder shall:
a. Be in good mechanical working order.
b. Contain emergency lights which flash, are capable of being seen at
least one-quarter of a mile away, and are of sufficient height so
that they are visible over the towed vehicle.
c. Contain no rotating lights or sirens except by permission granted
by the State Director of Motor Vehicles.
d. Carry a fire extinguisher, with a U.L. classification of 5 B.C. or
greater.
e. Carry a broom, shovel and bucket.
f. Meet such other reasonable safety standards as may from time to time
be established by the borough council.
[Ord. No. 402; Ord. No. 626; Ord. No.
678; Ord. No. 2014-212; Ord. No. 2014-214]
c. Customer Receipt and Price Quotation. The operator of a wrecker shall
advise the customer of the charges for services to be rendered in
advance of their rendition and give the customer a receipt for the
fee paid.
No driver, operator, owner, or licensee of wrecker shall:
a. Engage in cruising as defined herein;
b. Seek employment by repeatedly and persistently driving a wrecker
back and forth within a short space in front of any disabled vehicle
or by otherwise interfering with the proper and orderly progress of
traffic along the public highways;
c. At the scene of an accident, park a wrecker on any public street
or intersection, or on any public or private property other than his
own, without first obtaining the consent of a police officer or the
owner of the property;
d. Solicit or attempt to divert prospective patrons of another wrecker
or divert prospective patrons of one garage to another;
e. Solicit, demand or receive any commission or fee from any person,
except the proper fee for service to, and transportation of, a disabled
vehicle;
f. Offer to pay any gratuity, tip or emolument to any third person or
to any police officer or borough employee for any information as to
the location of any accident or disabled vehicle, or for soliciting
the employment of services described herein. The provisions of this
section shall apply to the operation of any wrecker on the streets
of the borough, whether or not such wrecker is licensed or unlicensed,
and without regard to whether or not the owner, operator, or licensee
of such wrecker is engaged in the business of operating a wrecker
within the borough.
A license issued under this chapter may be suspended by the
borough council for the violation of any provision of this chapter
or any regulations adopted hereunder. If its license is suspended,
the licensee shall be entitled, upon application in writing, to a
hearing as to whether such license should be restored.
This hearing shall be before the borough council at its next
regular meeting following the suspension. The borough council shall
have the authority to restore such license, affirm the suspension,
and/or fix the length of such suspension.
The borough council may, after hearing, revoke any license issued
under this chapter for the violation of any provision of this chapter
or any regulations adopted hereunder. The borough shall cause written
charges to be served upon the licensee not less than five days prior
to the revocation hearing. The licensee shall also be entitled to
be represented by counsel and to present his defense to the charges
against him.
To protect the safety and welfare of the general public and
to ensure that disabled vehicles are quickly, efficiently, and carefully
removed from the borough roadways, the borough council shall establish,
and may amend from time to time, a call list of wreckers who may perform
towing service for the borough. Such wreckers are to be called, in
rotation, by a member of the police department in the event the owner
or driver of disabled vehicle is unable, or fails, to indicate a designated
wrecker to remove the disabled vehicle. A current copy of the call
list shall be provided to the chief of police, who shall ensure that
all members of the police department are made aware of the list. Copies
of the call list shall be available for inspection by the public at
the offices of the borough clerk and the borough police department.
To be eligible for inclusion in the call list, a wrecker shall:
a. Hold a current and valid wrecker's license issued under the terms
of this chapter.
b. Comply with the requirements of subsection
3-9.11 hereof that the requisite insurance policies specifically name the borough as an insured party.
c. Be owned and operated by a person who is engaged in the business
of operating wreckers, or who has wreckers permanently situated, and
readily available, within the Borough of Union Beach limits, or within
a two-mile radius of its borders.
The borough council may make such reasonable regulations concerning
the call list as are necessary to expedite and facilitate the rendition
of services described herein, including procedures which ensure that
all wreckers on the call list are summoned on a nondiscriminatory
basis in rotating order. Notwithstanding the foregoing, the borough
council may adopt such equitable and reasonable procedures as it deems
necessary, taking into account the fact that not all wreckers appearing
on the call list have the mechanical capability of responding to,
or dealing with, all conditions and types of disabled vehicles.
In the case of a disabled vehicle obstructing traffic, or likely
to create a traffic hazard, the police officer in charge shall have
the right to summon a wrecker from the call list, notwithstanding
the expressed desire of the owner or operator of the disabled vehicle
that a specific wrecker be summoned, if, in the opinion of such officer,
the wrecker requested will not be able to respond to the call in sufficient
time to ensure the public safety and efficient flow of traffic.
d. The call list specified in this section shall provide that each respective
wrecker licensee shall be on call to the exclusion of all other wrecker
licensees for one week at a time to commence at 12:00 midnight Sunday
morning and end at 12:00 midnight the following Sunday morning at
which time the next wrecker on the list shall be on call for the next
one-week period, and this rotation shall continue each week thereafter
until all wrecker licensees have had the opportunity and then the
rotation starts over. If for any reason a wrecker licensee cannot
provide coverage that week or any part of that week, it will be wrecker
licensee's sole responsibility to arrange for other coverage.
The following schedule of fees is hereby established for all
operators engaged in the business of removing and storing motor vehicles
on behalf of the Borough of Union Beach Police Department.
The maximum rates that may be charged for the use of a wrecker,
whether licensed or unlicensed, for towing a disabled vehicle from
a point within the borough to a destination also within the borough
are as follows:
a. Basic Towing (24 hours) (Light Duty, under 4,000 lbs.): $150.
b. Winching and/or Recovery Service:
First 1/2 hour
|
$250
|
Every 1/2 hour after
|
$150
|
Plus $3 a foot cable or chain
|
|
c. Clean-Up/Absorbent Charge:
Charged in 1/2 hour increments
|
$75
|
d. Waiting Time:
Charged in 1/2 hour increments, if there is delay for removal
by first aid or pursuant to instructions by police.
|
$65
|
e. Storage:
Per calendar date
|
Outside
|
$50
|
|
Inside
|
$75
|
For inside storage $75 rate applies to first 24 hours only unless
owner of auto consents to inside storage beyond 24 hours.
|
|
f. Vehicle Removal Charge:
If towed to other site at request of owner of vehicle
|
$65
|
g. Administrative Charge:
For time spent with insurance adjusters, owners cleaning out
cars; and for collection letters
|
$50
|
h. After Hours Release:
Must provide this service weekdays
|
$50
|
i. No Key Charge:
Charge for vehicles with no keys, removal of linkage, and use
of dollies
|
$80
|
The enforcement of the provisions of this chapter shall be under
the control of the borough police department.
Any person found guilty of violating any of the provisions of this section may, in addition to suspension or revocation of his wrecker license, as provided in subsection
3-9.15, be liable for a fine of not less than $100 nor more than $2,000 or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 30 days or a period of community service not exceeding 30 days.
[Ord. #419; Ord. #2006-80]
The purpose of this section is to establish regulations concerning
the operation and maintenance of certain alarm systems within the
borough and to provide penalties upon conviction for violation of
any of the provisions set forth herein.
As used in this section:
ALARM SYSTEM
Shall mean any mechanical, electrical or electronic device
which is designed or used for the detection of an unauthorized entry
into a building, structure or facility or for alerting others about
the commission of an unlawful act within a building, structure or
facility or for alerting others about the existence of any other condition
requiring response of police, fire or ambulance personnel and which
emits and/or transmits an audible and/or visual signal or message
when actuated.
ALARM SYSTEMS
Include, but are not limited to, direct-dial telephone devices,
audible alarms and subscriber alarms.
AUDIBLE ALARM
Shall mean a device that emits an audible signal from the
premises that it is designated to protect.
BOROUGH
Shall mean the Borough of Union Beach.
DIRECT-DIAL ALARM
Shall mean a device that, when actuated, causes a recorded
message to be transmitted, via telephone to the Union Beach Police
dispatcher's room, stating that emergency response is necessary.
EMERGENCY PHONE NUMBER
Shall mean the primary phone number advertised to the public
for requesting emergency services.
FALSE ALARM
Shall mean an alarm signal, necessitating response by the
Union Beach Police, where an emergency situation does not exist.
POLICE
Shall mean the Union Beach Police Department.
SUBSCRIBER ALARM
Shall mean an alarm system that is terminated by direct connection
to the Union Beach Police dispatcher's room, in accordance with regulations
prescribed in separate legislation.
a. General Regulations.
1. It shall be the responsibility of all persons, entities, firms, corporations
or other groups that maintain alarm systems within the borough to
provide current information to the police, consisting of the names
and telephone numbers of responsible persons who may be contacted
in case of emergency or who are authorized to provide service to the
alarm system; either must be on a twenty-four-hour basis. This information
must be filed with the police when the alarm system is initially placed
into service and must be revised immediately whenever changes are
necessary.
2. Audible alarms must shut off and must be equipped with a timing device
that will automatically silence the audible alarm within 10 minutes
after it is actuated.
3. The direct-dial alarms shall be connected to the police emergency
number (264-0313). Direct-dial alarms must be equipped with a device
that will prevent more than three repeated transmissions of an alarm
for the same emergencies to the police dispatcher's room. Recorded
messages must also include the name and telephone number of a responsible
person who may be contacted by the police in case of an emergency,
on a twenty-four-hour basis.
4. It shall be the responsibility of all persons, entities, firms, corporations
or other groups that maintain alarm systems within the borough to
prevent the transmission of false alarms through a program of training
and periodic inspections and maintenance of the system. The maximum
permissible number of false alarms from any one location shall be
as follows: two alarms in any thirty-day period or eight false alarms
in any one-year period. False alarms in excess of these standards
shall be considered to be in violation of this chapter.
b. Exceptions. The provisions of this section shall not apply to the
general alerting alarms that may be used by fire companies, ambulance
squads or civil defense agencies to summon response of their members.
The provisions of this section shall not apply to alarm systems that
are affixed to motor vehicles.
Any person, entity, firm, corporation or other group that is found guilty of violating any of the provisions of this section shall be subject to a fine of not more than $50 nor more than $2,000. A violation for false alarms shall be deemed to have occurred when the maximum permissible number set in subsection
3-10.3a,4 is exceeded. Thereafter each false alarm shall be considered as a separate violation. The third false alarm and each subsequent false alarm in any thirty-day period shall be a separate violation. The ninth false alarm and each subsequent false alarm in any one-year period shall be a separate violation.
If the borough chooses to impose a fine in an amount greater
than $1,250, the owner or agent or contractor or other person having
control of the building or premises shall have a period of not less
than 30 days in which the owner, agent or contractor shall be afforded
the opportunity to cure or abate the condition causing the false alarms.
Subsequent to the expiration of the thirty-day period for a fine greater
than $1,250 may be imposed if a court of competent jurisdiction has
not determined otherwise or upon reinspection of the property, it
is determined that the abatement has not been substantially completed.
In addition to any penalty that may be ordered by the court,
the chief of police may authorize the disconnection of subscriber
alarms from the police station dispatcher's room after giving written
notice to the subscriber.
The provisions contained herein shall apply equally to those
alarm systems that were placed in service prior to or subsequent to
the effective date of this section.
[Ord. #583; Ord. #98-781]
In accordance with and pursuant to the authority of L. 1997,
C. 327, and L. 1988, C. 44 (C. 2C:35-7), the drug-free school zone
and subsection e of N.J.S.A. 2C:35-7.1 drug-free public building and
land zone map produced on or about March 5, 1998 by T&M Associates,
Municipal Engineers, 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 and public purposes and which
is owned by or leased to any elementary or secondary school or school
board, or public organization and of the areas on or within 1,000
feet of such school property and on or within 500 feet of the real
property comprising a public housing facility, a public park or a
public building.
The drug-free zones map approved and adopted pursuant to subsection
3-11.1 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 or leased to any elementary or secondary school or school board which is used for school purposes and boundaries of areas on or within 500 feet of the real property comprising a public housing facility, a public park or a public building, or facility and real property of any nature appurtenant thereto 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, drug-free school zones, public buildings and/or lands, and drug-free public areas.
The school board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the municipal engineer
and the municipal 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.
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
3-11.1 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.
The following additional matters are hereby determined, declared,
recited and stated:
a. It is understood that the map approved and adopted pursuant to subsection
3-11.1 of this section was prepared and is intended to be used in 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;
4. The location and boundaries of areas which are on or within 1,000
feet of such school property;
5. The location of public housing facilities, public parks and public
buildings:
6. The boundaries of real property or public housing facilities, public
parks and public buildings:
7. That such property is and continues to be used for public purposes;
and
8. The location and boundaries of areas which are on or within 500 feet
of public lands, property and housing.
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. 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 public lands, buildings and housing was owned
by the borough, county or state and used for public purposes as of
1992 that being the effective date of L. 1992, C.79 (C. 40A:12A-1
et seq.) "Local Redevelopment and Housing Law."
d. Pursuant to the provisions of L. 1988 c. 44 and L. 1992 C. 79 (C. 40A:12A-1 et seq.), a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in those statutes, including use of a map or diagram other than the one approved and adopted pursuant to subsection
3-11.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, or land used for public purposes, 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 or public purposes.
e. All of the requirements set forth in L. 1997, C.327 and L. 1992 (C40A:12A-1
et seq.) and L. 1988 C. 44 concerning the preparation, approval and
adoption of a drug-free school zone and a drug-free public zone map
have been complied with.
[Ord. #695; Ord. #99-798]
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.
A-WEIGHTED SOUND LEVEL
Shall mean the sound pressure level in decibels as measured
on a sound level meter using the A-weighting network. The level so
read is designated dB(A) or dBA.
COMMERCIAL AREA
Shall mean any area designated for commercial or business
uses under the zoning ordinance of the borough.
COMMERCIAL FACILITY
Shall mean any premises, property, or facility involving
traffic in goods or furnishing of services for sale or profit including
but not limited to:
a.
Banking and other financial institutions;
c.
Establishments for providing retail services;
d.
Establishments for providing wholesale services;
e.
Establishments for recreation and entertainment;
COMMUNITY SERVICES FACILITY
Shall mean any nonresidential facility used to provide services
to the public, including but not limited to:
a.
Club meeting halls, offices, and facilities;
b.
Organization offices and facilities;
c.
Facilities for the support and practice of religion;
d.
Private and parochial schools.
CONSTRUCTION
Shall mean any site preparation, assembly, erection, substantial
repair, alteration, or similar action, but excluding demolition.
DECIBEL (dB)
Shall mean a unit for measuring the volume of a sound, equal
to 20 times the logarithm to the base 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
DEMOLITION
Shall mean any dismantling, intentional destruction or removal
of structures, utilities, public or private right-of-way surfaces,
or similar property.
EMERGENCY
Shall mean any occurrence or set of circumstances involving
actual or imminent physical trauma or property damage which demands
immediate action.
EMERGENCY WORK
Shall mean any work performed for the purpose of preventing
or alleviating the physical trauma or property damage threatened or
caused by an emergency.
ENFORCEMENT AGENCY
Shall mean the police department of the borough, and any
of its authorized officers.
GROSS VEHICLE WEIGHT RATING (GVWR)
Shall mean the value specified by the manufacturer as the
recommended maximum loaded weight of a single motor vehicle. In cases
where trailers and tractors are separable, the gross combination weight
rating (GCWR), which is the value specified by the manufacturer as
the recommended maximum loaded weight of the combination vehicle,
shall be used.
IMPULSIVE SOUND
Shall mean sound of short duration, usually less than one
second, with an abrupt onset and rapid decay. Examples of sources
of impulsive sound include explosions, drop forge impacts, and the
discharge of firearms.
INDUSTRIAL AREA
Shall mean an area designated for any industrial use under
the zoning ordinance of the borough.
INDUSTRIAL FACILITY
Shall mean any activity and its related premises, property,
facilities, or equipment involving the fabrication, or equipment involving
the fabrication, manufacture, or production of durable or nondurable
goods.
MOTOR VEHICLE
Shall mean any vehicle which is propelled or drawn on land
by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies, or racing vehicles, but not including motorcycles.
MOTORBOAT
Shall mean any vessel which operates on water and which is
propelled by a motor, including, but not limited to, boats, barges,
amphibious craft, water ski towing devices and hover craft.
MOTORCYCLE
Shall mean an unenclosed motor vehicle having a saddle for
the use of the operator and two or three wheels in contact with the
ground, including, but not limited to, motor scooters and minibikes.
NOISE
Shall mean any sound which annoys or disturbs humans or which
causes or tends to cause an adverse psychological or physiological
effect on humans as specified and prohibited in N.J.A.C. 7:29-1.2.
NOISE DISTURBANCE
Shall mean any sound which endangers or injures the safety or health of humans or animals, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property as specified and prohibited by subsection
3-12.8 of this section.
NOISE SENSITIVE ZONE
Shall mean any area designated pursuant to this section for
the purpose of ensuring exceptional quiet.
PERSON
Shall mean any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
POWERED MODEL VEHICLE
Shall mean any self-propelled air-borne, waterborne, or landborne
plane, vessel, or vehicle, which is not designated to carry persons,
including, but not limited to, any model airplane, boat, car or rocket.
PUBLIC RIGHT-OF-WAY
Shall mean any street, avenue, boulevard, highway, sidewalk
or alley or similar place which is owned or controlled by a governmental
entity.
PUBLIC SPACE
Shall mean any real property or structures thereon which
are owned or controlled by a governmental entity.
PURE TONE
Shall mean any sound which can be distinctly heard as a single
pitch or a set of single pitches. For the purposes of this section,
a pure tone shall exist if the 1/3 octave band sound pressure level
in the band with the tone exceeds the arithmetic average of the sound
pressure levels of the two contiguous 1/3 octave bands by 5 dB for
center frequencies of 500 Hz and above and by 8 dB for center frequencies
between 160 and 400 Hz and by 15 dB for center frequencies less than
or equal to 125 Hz.
REAL PROPERTY BOUNDARY
Shall mean a line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
RESIDENTIAL AREA
Shall mean an area designated for any residential use under
the zoning ordinance of the borough.
RMS SOUND PRESSURE
Shall mean the square root of the time averaged square of
the sound pressure, denoted Prms.
SOUND
Shall mean an oscillation in pressure, particle displacement,
particle velocity or other physical parameter, in a medium with internal
forces that causes compression and rarefaction of that medium. The
description of sound may include any characteristic of such sound,
including duration, intensity and frequency.
SOUND LEVEL
Shall mean the sound pressure level measured in decibels
with a sound level meter set for A-weighting; sound level is expressed
in dBA.
SOUND LEVEL METER
Shall mean an instrument used in accordance with the provisions
of N.J.A.C. 7:29B-1 to measure sound pressure level, sound level,
octave band sound pressure level, or peak sound pressure level, separately
or in any combination thereof.
SOUND PRESSURE
Shall mean the instantaneous difference between the actual
pressure and the average or barometric pressure at a given point in
space, as produced by sound energy.
SOUND PRESSURE LEVEL
Shall mean the level of a sound measured in dB units with
a sound level meter which has a uniform ("flat") response over the
band of frequencies measured.
STATIONARY EMERGENCY SIGNALING DEVICE
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, firefighters, first aid squad members,
and law enforcement officers, whether paid or volunteer.
VIBRATION
Shall mean an oscillatory motion of solid bodies of deterministic
or random nature described by displacement, velocity, or acceleration
with respect to a given reference point.
WEEKDAY
Shall mean any day Monday through Friday which is not a legal
holiday.
a. Agency. The noise control program established by this section shall
be administered by the enforcement agency.
b. Powers of the Enforcement Agency. In order to implement and enforce
this section and for the general purpose of sound and vibration abatement
and control, the enforcement agency shall have, in addition to any
other authority vested in it, the power to:
1. Studies. Conduct, or cause to be conducted, research, monitoring,
and other studies related to sound and vibration.
2. Education.
(a)
Conduct programs of public education regarding:
(1)
The causes, effects and general methods of abatement and control
of noise and vibration; and
(2)
The actions prohibited by this section and the procedures for
reporting violations; and
(b)
Encourage the participation of public interest groups in related
public information efforts.
3. Coordination and cooperation.
(a)
Coordinate the noise and vibration control activities of all
municipal departments;
(b)
Cooperate to the extent practicable with all appropriate state
and federal agencies;
(c)
Cooperate or combine to the extent practicable with appropriate
county and municipal agencies; and,
(d)
Enter into contracts, with the approval of the borough council,
for the provision of technical and enforcement services.
4. Review of Actions of Other Departments. Request any other department
or agency responsible for any proposed or final standard, regulation
or similar action to consult on the advisability of revising the action,
if there is reason to believe that the action is not consistent with
the section.
5. Review of Public and Private Projects. Review public and private
projects subject to mandatory review or approval by other departments,
for compliance with this section, if such projects are likely to cause
sound or vibration in violation of this section.
6. Inspections.
(a)
Upon presentation of proper credentials, enter and inspect any
private property or place, and inspect any report or records at any
reasonable time when granted permission by the owner, or by some other
person with apparent authority to act for the owner. When permission
is refused or cannot be obtained, a search warrant or other court
order may be sought by the enforcement agency from a court of competent
jurisdiction upon showing of a probable cause to believe that a violation
of this section may exist. Such inspection may include administration
of any necessary tests.
(b)
Stop any motor vehicle, motorcycle, or motorboat operated on
a public right-of-way, public space, or public waterway reasonably
suspected of violating any provision of this section, and issue a
notice of violation or abatement order which may require the motor
vehicle, motorcycle or motorboat to be inspected or tested.
7. Records. Require the owner or operator of any commercial or industrial
activity to establish and maintain records and make reports.
8. Measurements by the Owner or Operator. Require the owner or operator
of any commercial or industrial activity to measure the sound level
of or the vibration from any source in accordance with the methods
and procedures and at such locations and times as the enforcement
agency may reasonably prescribe and to furnish reports of the results
of such measurements to the enforcement agency. The enforcement agency
may require the measurements to be conducted in its presence.
9. Product Performance Standard Recommendations.
(a)
Develop and recommend to the borough council provisions regulating
the use and operation of any product, including the specification
of maximum allowable sound emission levels of such product.
(b)
Develop and recommend to the borough council provisions prohibiting
the sale of products which do not meet specified sound emission levels,
where such provisions are not in conflict with the applicable federal
legislation found in 42 USC § 4917(c)(1) and (2), and applicable
regulations.
10. Noise Sensitive Zone Recommendations. Prepare recommendations, to
be approved by ordinance for the designation of noise sensitive zones
which contain noise sensitive activities. Existing quiet zones shall
be considered noise sensitive zones until otherwise designated. Noise
sensitive activities include, but are not limited to, schools, libraries
open to the public, churches, hospitals, and nursing homes.
c. Duties of Enforcement Agency. In order to implement and enforce this
section effectively, the enforcement agency shall within a reasonable
time after the effective date of the section:
1. Standards, Testing Methods, and Procedures. Develop and recommend
to the borough council standards, testing methods and procedures.
2. Investigate and Pursue Violations. Investigate and pursue possible
violations of this section.
3. Truck Routes and Transportation Planning.
(a)
Study the existing transportation systems, such as truck routes
within the community; determine areas with sensitivity to sound and
vibration caused by transportation; recommend changes or modifications
to transportation systems to minimize the sound and vibration impact
on residential areas and noise sensitive zones.
(b)
Assist in or review the total transportation planning of the
community, including planning for new roads and highways, bus routes,
airports, and other systems for public transportation, to ensure that
the impact of sound and vibration receives adequate consideration.
4. Capital Improvements Guidelines. Establish noise assessment guidelines
for the evaluation of proposed improvements for capital improvements.
These guidelines shall assist in the determination of the relative
priority of each improvement in terms of noise impact.
5. State and Federal Laws and Regulations.
(a)
Prepare and publish a list of those products manufactured to
meet specified noise emission limits under federal, state, or community
law for which "tampering" enforcement will be conducted; and
(b)
Make recommendations for amendments to this section to ensure
consistency with all state and federal laws and regulations.
6. Planning to Achieve Long Term Noise Goals. Develop a generalized
sound level map of the borough, a long term plan for achieving quiet
in the borough, and recommend integration of this plan into the planning
process of the borough.
7. Administer Grants, Funds and Gifts. Administer noise program grants
and other funds and gifts from public and private sources, including
the state and federal governments.
8. Periodic Report. Evaluate and report, every year following the effective
date of this section, on the effectiveness of the borough noise control
program and make recommendations for any legislative or budgetary
changes necessary to improve the program. This report shall be made
to the borough council.
a. Departmental Actions. All departments and agencies shall, to the
fullest extent consistent with law, carry out their programs in such
a manner as to further the policy of this section.
b. Department Cooperation. All departments and agencies shall cooperate
with the enforcement agency to the fullest extent in enforcing this
section.
c. Departmental Compliance with Other Laws. All departments and agencies
shall comply with federal and state laws and regulations and the provisions
and intent of this section respecting the control and abatement of
noise to the same extent that any person is subject to such laws and
regulations.
d. Project Approval. All departments whose duty it is to review and
approve new projects or changes to existing projects, that result,
or may result, in the production of sound or vibration shall consult
with the enforcement agency prior to any such approval.
e. Contracts. Any written contract, agreement, purchase order, or other
instrument whereby the borough is committed to the expenditure of
an amount of dollars requiring competitive bidding under state law
or other contracts which by their nature generate noise shall contain
provisions requiring compliance with this section.
f. Low Noise Emission Products. Any product which has been certified
by the administrator of the United States Environmental Protection
Agency pursuant to Section 15 of the Noise Control Act as a low noise
emission product and which he determines is suitable for use as a
substitute, shall be procured by the borough and used in preference
to any other product provided that such certified product is reasonably
available and had a procurement cost which is not more than 125% of
the cost of the least expensive type of product for which it is certified
as a substitute.
g. Capital Improvement Program. All departments responsible for a capital
improvements budget and program shall prepare an analysis of the noise
impact of any proposed improvements in accordance with the noise assessment
guidelines established by the enforcement agency. Proposed capital
improvements include land acquisition, building construction, highway
improvements, and utilities and fixed equipment installation.
a. Noise Disturbances Prohibited. No person shall make, continue, or
cause to be made or continued, any noise disturbance. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the operation of
this subsection.
b. Specific Prohibitions. The following acts, and the causing thereof,
are declared to be in violation of this section:
1. Radios, Television Sets, Musical Instruments and Similar Devices.
Operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier,
or similar device which produces, reproduces, or amplifies sound:
(a)
Between the hours of 11:00 p.m. and 7:00 a.m. the following
day in such a manner as to create a noise disturbance across a real
property boundary or within a noise sensitive zone.
(b)
In such a manner as to create a noise disturbance at 50 feet
or 15 meters from such device, when operated in or on a motor vehicle
on a public right-of-way or public space, or in a boat on public waters;
or,
(c)
In such a manner as to create a noise disturbance to any person
other than the operator of the device, when operated by any passenger
on a common carrier;
(d)
This section shall not apply to noncommercial spoken language
covered under paragraph b,2.
2. Loudspeakers and Public Address Systems. Using or operating for any
purpose any loudspeaker, public address system, or similar device
(1) such that the sound therefrom creates a noise disturbance across
a real property boundary or within a noise sensitive zone; or (2)
between the hours of 10:00 p.m. and 7:00 a.m. the following day on
a public right-of-way or public space.
3. Street Sales. Offering for sale or selling anything by shouting or
outcry within any residential or commercial area of the borough, except
in a stadium or sports arena.
4. Animals and Birds. Owning, possessing or harboring any animal or
bird which frequently or for continued duration, howls, barks, meows,
squawks, or makes other sounds which create noise disturbance across
a residential real property boundary or within a noise sensitive zone.
This provision shall not apply to public zoos.
5. Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans, or similar objects between the hours of 10:00 p.m. and 7:00
a.m. the following day in such a manner as to cause a noise disturbance
across a residential real property boundary or within a noise sensitive
zone. The municipal garbage contractor shall adhere to these requirements
between 6:00 p.m. and 5:00 a.m. pursuant to its contract with the
borough.
6. Construction. Operating or permitting the operation of any tools
or equipment used in construction, drilling or demolition work:
(a)
Between the hours of 10:00 p.m. and 7:00 a.m. the following
day on weekdays or at any time on weekends or holidays, such that
the sound therefrom creates a noise or a noise disturbance across
a residential real property boundary or within a noise sensitive zone,
except for emergency work of public service utilities.
(b)
At any other time such that the sound level at or across a real
property boundary exceeds 65 dBA for the daily period of operation
or as provided by N.J.A.C. 7:29-1.2.
(c)
This section shall not apply to the use of domestic power tools
subject to paragraph b, 17.
7. Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding,
modifying, or testing any motor vehicle, motorcycle, or motorboat
in such a manner as to cause a noise or noise disturbance across a
residential real property boundary or within a noise sensitive zone.
8. Airport and Aircraft Operations.
(a)
The enforcement agency shall consult with all airport authorities
and airport operators to recommend changes in airport operations to
minimize noise disturbance.
(b)
Nothing in this section shall be construed to prohibit, restrict,
penalize, enjoin, or in any manner regulate the movement of aircraft
which are in all respects conducted in accordance with, or pursuant
to, applicable federal laws or regulations.
9. Places of Public Entertainment. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment, including the interior and exterior portions of the premises, at a sound level greater than the dBA provided in N.J.A.C. 7:29-1.2, as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating, "Warning: Sound levels within may cause permanent hearing impairment." At no time can the levels provided in subsection
3-12.8 of this section be exceeded. Such places of public entertainment shall not exceed the levels prescribed in N.J.A.C. 7:29-1.2 beyond the property of the source if on a private property or at 50 feet or 15 meters from the source if on a public space or public right-of-way.
10. Explosives, Firearms, and Similar Devices. The use or firing of explosives,
firearms, or similar devices which create impulsive sound so as to
cause a noise disturbance across a real property boundary or on a
public space or right-of-way.
11. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise or noise disturbance across a residential real property boundary, in a public space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table I of subsection
3-12.8 and shall be measured at a distance of 50 feet or 15 meters from the vehicle.
12. Vibration. Operating or permitting the operation of any device that
creates vibration which is above the vibration perception threshold
of an individual at or beyond the property of the source if on private
property or at 50 feet or 15 meters from the source if on a public
space or public right-of-way. For the purposes of this section, "vibration
perception threshold" means the minimum ground- or structure-borne
vibrational motion necessary to cause a normal person to be aware
of the vibration by such direct means as, but not limited to, sensation
by touch or visual observation of moving objects.
13. Stationary Nonemergency Signaling Devices.
(a)
Sounding or permitting the sounding of any signal from any stationary
bell, chime, siren, whistle, or similar device, intended primarily
for nonemergency purposes, from any place, for more than one minute
in any hourly period.
(b)
Devices used in conjunction with places of religious worship
shall be exempt from the operation of this provision.
14. Emergency Signaling Devices.
(a)
The intentional sounding or permitting the sounding outdoors
of any fire, burglar, or civil defense alarm, siren, whistle or similar
stationary emergency signaling device, except for emergency purposes
or for testing, as provided in paragraph b, 14(b).
(b)
(i) Testing of a stationary emergency signaling device shall
occur at the same time of day each time such a test is performed,
but not before 8:00 a.m. or after 9:00 p.m. Any such testing shall
use only the minimum cycle test time. In no case shall such test time
exceed 60 seconds, (ii) Testing of the complete emergency signaling
system, including the functioning of the signaling device and the
personnel response to the signaling device, shall not occur before
8:00 a.m. or after 6:00 p.m. The time limit specified in (i) shall
not apply to such complete system testing.
(c)
Sounding or permitting the sounding of any exterior burglar
alarm or any motor vehicle burglar alarm unless such alarm is automatically
terminated within six minutes of activation.
15. Motorboats. Operating or permitting the operation of any motorboat
in any lake, river, stream, or other waterway in such manner as to
exceed a sound level of 65 dBA at 50 feet or 15 meters of the nearest
shoreline, whichever distance is less.
16. Noise Sensitive Zones.
(a)
Creating or causing the creation of any sound within any noise sensitive zone designated pursuant to subsection
3-12.2, so as to disrupt the activities normally conducted within the zone, provided that conspicuous signs are displayed indicating the presence of the zone; or
(b)
Creating or causing the creation of any sound within any noise sensitive zone, designated pursuant to subsection
3-12.2, containing a hospital, nursing home, or similar activity, so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone.
17. Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, sander, drill, grinder, lawn or garden tool,
snowblower, or similar device used outdoors in residential areas between
the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause
a noise or a noise disturbance across a residential real property
boundary.
18. Tampering. The following acts or the causing thereof are prohibited:
(a)
The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any noise control device or element of design or noise label of any product identified under subsection
3-12.2, paragraph c, 5.
(b)
The moving or rendering inaccurate or inoperative of any sound
monitoring instrument or device positioned by or for the enforcement
agency, provided such device or the immediate area is clearly labeled
to warn of the potential illegality.
(c)
The use of a product, identified under subsection
3-12.2, paragraph c, 5, which has had a noise control device or element of design or noise label removed or rendered inoperative, with knowledge that such action has occurred.
a. Maximum Permissible Sound Levels by Receiving Land Use. No person
shall operate or cause to be operated on private property any source
of sound in such a manner as to create a sound level which exceeds
the limits set forth for the receiving land use as regulated for industrial,
commercial, public service, or community service facilities in N.J.A.C.
7:29-1.2.
b. Correction for Character of Sound. For any source of sound which emits a pure tone or impulsive sound, the maximum sound level limits set forth in subsection
3-12.5a shall be reduced by 5dBA.
a. No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle on a public right-of-way at any time in
such a manner that the sound level emitted by the motor vehicle or
motorcycle exceeds the level set forth in N.J.A.C. 7:29-1.2.
b. Adequate Mufflers or Sound Dissipative Devices.
1. No person shall operate or cause to be operated any motor vehicle
or motorcycle not equipped with a muffler or other sound dissipative
device in good working order and in constant operation;
2. No person shall remove or render inoperative, or cause to be removed
or rendered inoperative, other than for purposes of maintenance, repair,
or replacement, any muffler or sound dissipative device on a motor
vehicle or motorcycle;
3. The enforcement agency may, by guidelines, list those acts which
constitute typical violations of this section.
c. Motor Vehicle Horns and Signaling Devices. The following acts and
the causing thereof are declared to be in violation of this section.
1. The sounding of any horn or other auditory signaling device on or
in any motor vehicle on any public right-of-way or public space, except
as a warning of danger or to alert a person of the presence of the
person sounding the horn.
d. Refuse Collection Vehicles. No person shall:
1. On or after two years following the effective date of this section,
operate or permit the operation of the compacting mechanism of any
motor vehicle which compacts refuse and which creates, during the
compacting cycle, a sound level in excess of 88 dBA when measured
at 50 feet or 15 meters from any point on the vehicle; or
2. Operate or permit the operation of the compacting mechanism of any
motor vehicle which compacts refuse, between the hours of 6:00 p.m.
and 5:00 a.m. the following day in a residential area or noise sensitive
zone.
e. Standing Motor Vehicles. No person shall operate or permit the operation
of any motor vehicle with a gross vehicle weight rating (GVWR) in
excess of 10,000 pounds, or any auxiliary equipment attached to such
a vehicle, for a period longer than 10 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
on a public right-of-way or public space within 150 feet or 46 meters
of a residential area or designated noise sensitive zone, between
the hours of 10:00 p.m. and 7:00 a.m. the following day.
f. Recreation Motorized Vehicles Operating Off Public Rights-of-Way.
No person shall operate or cause to be operated any recreational motorized
vehicle off a public right-of-way in such a manner that the sound
level emitted therefrom exceeds the limits set forth in N.J.A.C. 7:29-1.2
at a distance of 50 feet or 15 meters or more from the path of the
vehicle when operated on a public space or at or across the boundary
of private property when operated on private property. This section
shall apply to all recreational motorized vehicles whether or not
duly licensed and registered, including, but not limited to, commercial
or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles,
amphibious craft, campers and dune buggies, but not including motorboats.
g. Motor Vehicle Music Amplification or Reproduction Systems. The following
acts and the causing thereof are declared to be a violation of this
section:
1. Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 9:00 a.m.
2. Personal vehicular music amplification equipment shall not be operated
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 9:00 a.m.
and 10:00 p.m.
3. These provisions apply to non-music playing as well as music.
a. Emergency Exception. The provisions of this section shall not apply
to (a) the emission of sound for the purpose of alerting persons to
the existence of an emergency, or (b) the emission of sound in the
performance of emergency work, or (c) any others provided in N.J.A.C.
7:29-1.4.
b. The provisions relating to playing of music by live bands or recorded
reproductions shall not apply to community functions and block parties
approved by the mayor and council by resolution which shall set forth
the dates and hours when this exception shall be applicable.
a. Immediate Threats to Health and Welfare.
1. The enforcement agency shall order an immediate halt to any sound
which exposes any person, except those excluded pursuant to paragraph
a, 2, to continuous sound levels in excess of those shown on Table
I or to impulsive sound levels in excess of those shown in Table II.
Within five days following issuance of such an order, the enforcement
agency shall apply to the appropriate court for an injunction to replace
the order.
2. No order pursuant to paragraph a. 1 shall be issued if the only person
exposed to sound levels in excess of those listed in Tables I and
II are exposed as a result of (1) trespass; (2) invitation upon private
property by the person causing or permitting the sound; (3) employment
by the person of the person causing or permitting the sound.
3. Any person subject to an order issued pursuant to paragraph a, 1
shall comply with such order until (1) the sound is brought into compliance
with the order, as determined by the enforcement agency; or (2) a
judicial order has superseded the enforcement agency order.
Table I
|
---|
Noise Disturbance (Continuous Sound Levels)
(measured at 50 feet or 15 meters)
|
---|
Continuous Sound Level Limit (dBA)
|
Duration
|
---|
90
|
24 hours
|
93
|
12 hours
|
96
|
6 hours
|
99
|
3 hours
|
102
|
1.5 hours
|
105
|
45 minutes
|
108
|
22 minutes
|
Use equal energy time-intensity trade-off if level varies; find
energy equivalent over 24 hours.
|
Table II
|
---|
Noise Disturbances
(Impulsive Sound Levels)
(measured at 50 feet or 15 meters)
|
---|
Impulsive Sound Level Limit (dB)
|
Number of Repetitions per 24 hour period
|
---|
145
|
1
|
135
|
10
|
125
|
100
|
b. Other Remedies. No provision of this section shall be construed to
impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this section or from other law.
c. Severability. If any provision of this section is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of this section shall not be invalidated. It is the intent
of this section to regulate noise within the Borough of Union Beach
and to comply with all statutes and codes duly adopted and promulgated,
including but not limited to, N.J.A.C. Chapter 29 NOISE CONTROL and
Chapter 29B NOISE DETERMINATION. Should any provisions of this section
be inconsistent with specific provisions of said statutes or codes,
the codes shall take precedence over this section. For any provisions
of this section, not contained in or covered by the codes, this section
shall be applicable.
d. Penalty. Any person, firm or corporation violating any provision
of this section shall be fined not less than $50 nor more than $1,000
for each offense, and/or subject to a maximum of 90 days in jail or
both, and a separate offense shall be deemed committed on each day
during or on which an offense occurs or continues.
[Ord. #97-762; Ord. #2004-51]
The following fees shall be paid by any person or that person's
authorized attorney or representative in order to obtain pretrial
discovery on the items listed below or other records requested for
a lawful purpose from the Borough of Union Beach Police Department:
1-10 pages
|
$0.75 per page
|
Next 11-20 pages
|
$0.50 per page
|
After 20 pages
|
$0.25 per page
|
Photographs
|
$5 per photograph
|
Cost for any discovery sent by mail
|
$0.25 per envelope plus actual postage
|
Copy of video tape
|
$20
|
Copy of motor vehicle accident reports (N.J.S.A. 39:4-131)
|
$5 for first 3 pages
|
(If MVA reports are requested other than in person)
|
$1 per page thereafter
|
Laws of New Jersey 1999 Chapter 185 mandates that vehicular
homicide is a crime of the first degree under certain circumstances
including commission of the offense by an intoxicated individual in
violation of N.J.S.A. 39:4-50a while driving through a school crossing
as defined by N.J.S.A. 39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossings as such.
The mayor and council of the Borough of Union Beach, upon the
recommendation of the chief of police are desirous of designating
school crossings for said purpose.
The following school crossings are hereby designated and are
further depicted on the map which is on file with the borough clerk
in the Borough Hall at 650 Poole Avenue, Union Beach, New Jersey.
b. Spruce and Henry Hudson Trail.
c. Spruce and Morningside Avenue.
d. Morningside and Wilson Avenue.
e. Morningside and Poole Avenue.
f. Wilson and Sydney Avenue.
g. Poole and Florence Avenue.
h. Union and Henry Hudson Trail.
i. Union and Morningside Avenue.
It shall be unlawful for any person subject to the registration requirements set forth in N.J.S.A. 2C:7-1, et seq., hereinafter referred to as "sex offender" to reside within 1,000 feet of any public or private primary or secondary school or other educational facility, park, playground or child care facility, hereinafter referred to as "prohibited area" located within the borough as delineated on the Drug-Free School Zone and Drug-Free Public Property Zone Map adopted pursuant to subsection
3-11.1.
A sex offender who resides within any prohibited area established
pursuant to the provisions of this section shall have 60 days from
the effective date of this section, or upon the termination of any
residential lease, the term of which is not longer than one year,
entered into prior to the effective date of this section, whichever is later, to relocate outside the prohibited
area. A lease of property within the prohibited area to a sex offender,
with a term longer than one year, regardless of when it was entered
into, shall constitute a violation of this section by both the property
owner/landlord and the sex offender. Failure to move to a location
outside the prohibited area within the prescribed time period shall
constitute a violation of this section.
The provisions of this section shall not apply to any sex offender
who is an owner of record, i.e., "on the deed," of property within
the prohibited area which is used as his/her primary residence prior
to the effective date of this section.
The provisions of this section shall apply to any sex offender
who is a dependent of or disabled relative, guest or ward of an owner
of record of property within the prohibited area.
Any person, firm or corporation violating any provision of this section shall upon conviction be liable to the penalty stated in Chapter
3, section
3-1.
[Added 11-25-2019 by Ord.
No. 2019-284]
As used in this section, the following terms shall have the
meanings indicated:
FILMING
The taking of still or motion picture either on film or videotape
or similar recording medium, for commercial or educational purposes
intended for viewing on television, in theaters or for institutional
uses. The provisions of this section shall not be deemed to include
family videos and photography and the filming of news stories or student
films within the Borough of Union Beach.
PUBLIC LANDS
Any and every public street, highway, sidewalk, square, public
park or playground, the bayfront or any other public place which is
within the jurisdiction and control of the Borough of Union Beach.
a. No person or organization shall film or permit filming on public
property within the Borough of Union Beach without first having completed
an application and obtained a permit from the Borough Clerk located
in Borough Hall at 650 Poole Avenue in Union Beach. The permit shall
set forth the approved location of such filming and the approved duration
of such filming by specific reference to day or dates. Said permit
must be readily available for inspection by Borough officials at all
times at the site of the filming.
b. All permits shall be applied for at and obtained from the office
of the Borough Clerk during normal business hours. Applications for
such permits shall be accompanied by a permit fee in the amount established
by this section.
c. If a permit is issued and, due to the inclement weather or other
good cause, filming does not in fact take place on the dates specified,
the Borough may, at the request of the applicant, issue a new permit
for filming on other dates subject to full compliance with all other
provisions of this section. No additional fee shall be paid for this
new permit.
d. The filming permit fees are established under Subsection
3-16.4 and the permit is good for a period not to exceed 14 days. The Borough Council has the authority to waive or reduce the permit fee in cases where the applicant is a nonprofit or educational organization.
e. Permits shall be issued at the discretion of the Borough Administrator
who may deny issuance of a permit for good cause.
a. No permits shall be issued by the Borough Clerk unless applied for
prior to three days before the requested shooting date; provided,
however, that the Borough may waive the three-day period if, in its
judgment, the applicant has obtained all related approvals and adjacent
property owners or tenants do not need to be notified.
b. No permit shall be issued for filming upon public lands, unless the
applicant provides the Borough of Union Beach with satisfactory proof
of the following:
1. Proof of insurance as follows:
(a)
Proof of insurance coverage including but not limited to, for
bodily injury to any one person in the amount of $1,000,000 and any
occurrence in the aggregate amount of $3,000,000;
(b)
For property damage for each occurrence in the aggregate amount
of $500,000.
(c)
A written hold harmless and indemnification agreement acceptable
to the Borough Attorney.
2. The hiring of special duty Borough of Union Beach police officers for the times indicated on the permit, when deemed necessary by the Borough. Said officers shall be compensated in accordance with the Borough's special-duty officer rate schedule. (See resolution setting the rate, administrative fee and vehicle use fee pursuant to Subsection
2-6.14, Special Duty Assignments, Subsection
e, of the Revised General Ordinances of The Borough of Union Beach.)
c. The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Union Beach Police Department and/or Fire Marshal with respect
thereto.
d. The holder of a permit shall conduct filming in such a manner so
as to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit to the extent possible
any interference with normal activity on such public lands. Where
the applicant's production activity, by reason of location or otherwise,
will directly involve and/or affect any businesses, merchants or residents,
these parties shall be given written notice of the filming at least
three days prior to the requested shooting date(s) and informed that
objections may be filed with the Borough, which objections will form
a part of the applicant's application and be considered in the review
of same.
e. The Borough will make every effort to work with residents to minimize
the inconvenience caused by filming in residential areas and will
require the applicant to give affected residents at least three days'
notice of parking restrictions, night shooting or other inconveniences.
All filming must be completed within 1/2 hour after sunset. Any night
shooting must be approved by the Borough. "Night shooting" is defined
as all filming occurring in residential neighborhoods 1/2 hour after
sunset. In no event, however, shall an applicant be allowed to film
in a residential area after 11:00 p.m.
f. The Administrator may refuse to issue a permit whenever he/she determines,
on the basis of objective facts and after a review of the application
and a report thereon by the Police Department and/or by other Borough
agencies involved with the proposed filming site, that filming at
the location and/or the time set forth in the application would violate
any law or ordinance or would unreasonably interfere with the use
and enjoyment of adjoining properties, unreasonably impede the free
flow of vehicular or pedestrian traffic or otherwise endanger the
public's health, safety or welfare. Further, the Borough reserves
the right to require one or more on-site patrolmen in situations where
the proposed production may impede the proper flow of traffic, the
cost of said patrolman to be borne by the applicant as a cost of production.
Where existing electrical power lines are to be utilized by the production,
an on-site licensed electrician may be similarly required if the production
company does not have a licensed electrician on staff.
g. Any person aggrieved by a decision of the Borough Administrator denying or revoking a permit or a person requesting relief pursuant to Subsection
h may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. An appeal from the decision of the Borough Administrator shall be filed within 10 days of the Administrator's decision. The Borough Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Borough Council shall be in the form of a resolution. A resolution supporting the decision of the Borough Council shall be adopted at the first regularly scheduled public meeting of the Borough Council after the hearing on the appeal unless the applicant agrees in writing to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Administrator shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to Subsection
h shall be deemed denied.
h. The Borough Council may authorize a waiver of any of the requirements
or limitations of this section whenever it determines that strict
compliance with such limitations will pose an unreasonable burden
upon the applicant and that a permit may be issued without endangering
the public's health, safety and welfare.
i. Copies of the approved permit will be sent to the Police Department
before filming takes place. The applicant shall permit the Fire Prevention
Bureau or other Borough inspectors to inspect the site and the equipment
to be used. The applicant shall follow all safety instructions issued
by the Fire Prevention Bureau or other Borough inspectors.
j. In addition to any other fees or costs mentioned in this section,
the applicant shall reimburse the Borough for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the Borough was prevented from earning because of the filming.
Refer to application form for Fee Schedule. Fee Schedule is
authorized by Resolution 2019-167 and is subject to change by resolution
of the governing body, as necessary.
Any person violating this section or rules and regulations contained
herein shall be subject to a fine not to exceed $2,000 or imprisonment
for a term not to exceed 90 days, or both.