[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach 6-12-1973 by Ord.
No. 73-05-214. Section 122-11 amended at time of
adoption of Code; Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
It shall be unlawful for any person or persons to be in, on
or upon any of the streets, boardwalks or other public places of this
borough while under the influence of intoxicating liquor.
It shall be unlawful for any person or persons to commit any
immoral or lewd act on any of the streets, beaches, boardwalks or
other public places of this borough.
It shall be unlawful for any person or persons to create any
disturbance or to incite to riot or to assemble in a loud and boisterous
manner in any of the streets, avenues, boardwalks, beaches or other
public places within the limits of this borough.
It shall be unlawful for any person or persons to loiter, lounge
or sleep on any of the streets, highways, beaches, boardwalks or other
public places in this borough.
It shall be unlawful for any person or persons to ring bells
in connection with or to cry the sale of goods or other commodities
at auction or otherwise so as to disturb the peace and quiet of the
neighborhood.
It shall be unlawful to permit the exhaust of any motorboat
to emit disturbing noises on any of the waters within this borough
between the hours of 11:00 p.m. and 6:00 a.m.
It shall be unlawful for any tramp, vagrant, mendicant or street
beggar to solicit alms or food in this borough.
It shall be unlawful to distribute, deposit or leave on the
public streets or highways, public places or property or at any private
place or places within this borough any samples, advertisements, handbills
or circulars; provided, however, that nothing herein shall be construed
to apply to the delivery of any such articles to any person above
the age of 12 years who is willing to receive the same or if such
samples, advertisements handbills or circulars are deposited and secured
within the confines of any building or dwelling.
Each and every one of the acts hereinbefore declared to be unlawful
are hereby declared and considered nuisances.
It shall be unlawful for any person or persons to commit any
nuisances on any of the streets, boardwalks, beaches or other public
places within the limits of this borough.
Any person or persons violating any of the provisions of this
chapter or any section thereof shall, upon conviction, be subject
to one or more of the following: a fine not exceeding $1,000, imprisonment
in the county jail for a term not exceeding 90 days or community service
for a period not exceeding 90 days, in the discretion of the Court
having jurisdiction.
[Added 9-16-2009 by Ord.
No. 09-06-675]
A.
GUARDIAN
JUVENILE
PUBLIC PLACE
Definitions. For the purpose of this section, the following definitions
shall apply:
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order or who is acting in the place
of the parent or is responsible for the care and welfare of the juvenile.
An individual who is under the age of 18 years.
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation, athletic or shopping area, public
transportation facility, vehicle used for public transportation, parking
lot or any other public building, structures or area.
B.
General curfew. It shall be unlawful for juveniles to be in any public
place between the hours of 11:00 p.m. and 6:00 a.m. unless accompanied
by a parent or guardian. This prohibition does not apply if said juvenile
is:
(1)
Engaged in, or traveling to or from, a business or occupation which
the laws of the State of New Jersey authorize a juvenile to perform;
(2)
Engaged in an errand involving a medical emergency;
(3)
Attending religious services, extracurricular school activities,
an activity sponsored by a religious or community organization or
other cultural, educational or social events, or is in direct transit
to or from such events.
C.
Halloween curfew: (October 23 through November 8). It shall be unlawful
for any person to solicit any gifts or treats from any of the residents
or business establishments of the Borough after 9:00 p.m. on the day
commonly known as Halloween or on such occasions known or referred
to as "Trick or Treat" or "Mischief Nights". Further, it shall be
unlawful for juveniles to be in any public place between the hours
of 10:00 p.m. and 6:00 a.m. from the period of October 23 through
November 8 of each calendar year.
[Amended 12-9-2015 by Ord. No. 15-09-733]
D.
Parental responsibility to enforce Halloween curfew. It shall be
unlawful for any parent or legal guardian of any child under the age
of 18 to allow or permit such child to solicit any gifts or treats
from any of the residents or business establishments of the borough
after 10:00 p.m. on the day commonly known as Halloween or on such
occasions known or referred to as trick-or-treat or mischief nights,
or to allow or permit such child to be or to remain upon any street,
alley or other public or quasi-public place in the borough between
the hours of 10:00 p.m. and 6:00 a.m. during the period of the Halloween
curfew.
E.
Parental responsibility to enforce curfew.
(1)
It shall be unlawful for any parent or guardian to permit, suffer
or allow any juvenile in his or her care to be in any public place
between the hours of 11:00 p.m. and 6:00 a.m., with the exceptions
as set forth above. It shall further be unlawful for any parent or
guardian to assist, aid, abet, allow, permit, suffer or encourage
such juvenile to commit a violation of the public peace as defined
herein, within the borough, whether by overt act, failure to act or
failure to exercise supervision or control over such minor.
(2)
Notice to parents. If any juvenile is found to be violating any of
the provisions of this section and shall be apprehended and/or arrested
for such violation, the Borough Police Department shall immediately
notify the parent, guardian or other adult having care and custody
of the juvenile of such apprehension and/or arrest and the violations
and penalties applicable pursuant to this section. Upon such notification,
such parent, guardian or other adult having care and custody of the
juvenile shall immediately provide for the juveniles placement in
their care, custody and keeping and no fine or penalty shall be imposed
on the parent. Any further violation of the provisions of this section
by the juvenile, after such notification to the parent, guardian or
other adult having care and custody shall be deemed a violation of
this section and shall be punishable by the fines provided herein.
(3)
It shall be no defense to any violation charged hereunder that a
parent or guardian was completely unaware of or indifferent to the
activities, conduct or whereabouts of such juvenile who is charged
with a violation of this section.
F.
Violations and penalties. Any parent, guardian or other adult person
having legal care and custody of a juvenile who knowingly allows or
permits the juvenile to violate the provisions of this section, after
notice of the violation and penalties applicable pursuant to this
section, shall upon conviction of violating this section, be subject
to fines and penalties as follows:
(1)
First offense: $100 and/or up to 40 hours community service.
(2)
Second offense: $250 and/or up to 80 hours community service.
(3)
Third offense and subsequent offenses: $1,000 and/or up to 120 hours
community service.
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If community service is ordered as part of the sentence, the
court may order both the juvenile and the parent or guardian to perform
community service together.
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