[1]
Editor's Note: Former Section 3-1, Removal of Brush, Weeds and Obnoxious Growths, previously codified herein and containing portions of Ordinance No. 206, was repealed in its entirety by Ordinance No. O-06-5. See Chapter 20, Property Maintenance Code for regulations pertaining to removal of brush, weeds and obnoxious growths.
[Ord. #256, S 1.1]
As used in this section:
Shall mean any printed or written matter, any sample or device,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature.
Which advertises for sale any merchandise, product, commodity,
or thing; or
Which directs attention to any business or mercantile or commercial
establishment or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; or
Which, while containing reading matter, other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertisor or distributor.
Shall mean any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office Department
of the United States in accordance with Federal statute or regulation,
or a newspaper filed and recorded with any recording officer as provided
by law; or, in addition thereto, shall mean and include any periodical
or magazine regularly published with not less than four issues per
year and sold to the public.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet
or any other printed matter or otherwise reproduced original or copies
of any matter of literature not included in the definition of commercial
handbill or newspaper.
Shall mean any person, firm, company, partnership, corporation
or entity and/or the agents, servants or employees thereof who distribute,
deliver or deposit or cause to be distributed, delivered or deposited
any printed matter, other than by means of postal services, at any
address in the Borough.
Is any property not defined as a public place.
Is any and all streets, sidewalks, boulevards, alleys or
other public ways and any and all public parks, squares, spaces, grounds
and buildings.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[Ord. #256, S 1.2]
No person shall distribute, throw, deposit or deliver any commercial
or noncommercial handbill or newspaper in or on any public place within
the Borough provided, however, that it shall not be unlawful on any
street, sidewalk, or other public place within the Borough, for the
person to hand out or distribute to the receiver thereof any handbill
or newspaper to any person willing to accept it.
[Ord. #256, S 1.3]
No person shall throw, attach or deposit any commercial or noncommercial
handbill or newspaper in or on any vehicle, or any part thereof, provided,
however, that it shall not be unlawful in any public place for a person
to hand out or distribute to the receiver thereof a handbill or newspaper
to any occupant of a vehicle who is willing to accept it.
[Ord. #256, S 1.4]
a.
No person shall throw or deposit any commercial or noncommercial
handbill or newspaper in or on any private premises which are temporarily
or continuously uninhabited or vacant.
b.
No person shall throw, deposit, distribute or deliver any commercial
or noncommercial handbill or newspaper on any private premises if
requested by anyone thereon not to do so, or if there is place on
the premises in a conspicuous position near the entrance thereof a
sign bearing the words "No Trespassing" or "No Peddlers, or Agents,"
such notice indicating in any manner that the occupants of the premises
do not desire to be molested or have their right of privacy disturbed,
or to have any such handbills left on their premises.
c.
No person shall throw, deposit, distribute or deliver any commercial
or noncommercial handbill in or on private premises which are inhabited,
except by handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or on such private
premises. It is provided, however, that in case of inhabited private
premises which are not posted as provided in paragraph b., such person
unless requested by anyone upon such premises not to do so, may place
or deposit any such handbill in or on such inhabited private premises
by attaching same to a permanent structure in a manner as to secure
or prevent it from being blown or drifted about the premises or sidewalks,
streets or other public places, provided, however, that mailboxes
may not be used when so prohibited by Federal Postal Law or Regulations.
1.
The provisions of this paragraph shall not apply to the distribution
of mail by the United States nor to newspapers except that newspapers
shall be placed on private premises attached to a permanent structure
in a manner as to secure or prevent them from being blown or drifted
about the premises or sidewalks, streets, or other public places,
provided, however, that mailboxes may not be used when so prohibited
by Federal Postal Law or Regulations.
[Ord. #256, S 2.1]
[Ord. #336, S 7, i]
No sound of any nature or kind issuing from the licensed premises,
the area surrounding the licensed premises or any activity associated
with the licensed premises, shall produce noise, the sound pressure
level of which measured at the point of annoyance complained of shall
exceed 50 decibels or which shall be more than 10 decibels above the
existing background sound level, whichever is less. This standard
is based on noise levels as measured on the "A" weighting of a sound
level meter which conforms to the specifications of the American National
Standards Institute. The background sound level is defined as the
sound level present when the offending noise source is silenced. In
no instance, however, shall it be necessary to reduce the noise level
below 30 decibels.
In no event shall any sound of any nature or kind issuing from
the licensed premises, the area surrounding the licensed premises,
or any activity associated with the licensed premises be such that
the sound thereof shall annoy any person or persons or disturb the
comfort, rest or repose of any person being in his place of abode.
[Ord. #188, S I ]
It shall be unlawful for any owner, possessor or occupant of
lands in the Borough to store, place, park, or accumulate upon such
lands any motor vehicles, automobiles or machines in need of repair
so as not to be readily operated under their own power, or requiring
substantial repairs, or not currently licensed or not being currently
used for transportation except as hereinafter provided.
[Ord. #188, S 2]
It shall be unlawful for any persons to park or leave standing
or abandon any machines, motor vehicles, automobiles in need of repair
so as not to be readily operated under their own power or which require
substantial repair or which are not currently licensed, or not being
currently used for transportation on the land of another, including
public lands and streets.
[Ord. #188, S 3]
This section does not apply to an owner, possessor or occupant
of lands in the Borough who stores, keeps, places, parks or accumulates
three or less currently licensed motor vehicles, automobiles or machines
not currently being used for transportation or being in need of repair
or not more than three unlicensed motor vehicles, automobiles or machines
providing the same are kept in an enclosed building.
[Ord. #188, S4]
[Ord. #141]
The existence of any barbed wire fence erected between lands
of adjoining owners, whether built or erected as division or partition
fences between such lands, and whether the same exists or be erected
entirely or only partly upon the lands of any such adjoining owner
or along or immediately adjacent to any division or partition lines,
and whether the same be erected, continued or maintained on any such
lands abutting any public way, creates a hazard to the health, safety
and welfare of this Borough's inhabitants; and it is deemed necessary
for the preservation of good order.
[Ord. #141, S 1]
It shall be unlawful to erect or continue and maintain any fence
which is constructed in whole or in part of barbed wire or wire on
which barbs or points are strung or fastened between the lands of
adjoining owners, whether built or erected as division or partition
fences between such lands, and whether the same exists or be erected
entirely or only partly upon the lands of any such adjoining owners
or along or immediately adjacent to any division or partition lines
of such lands. It shall be unlawful to erect or continue and maintain
any such fence as herein described upon any such land abutting any
public way.
[Ord. #90, S 1]
It shall be unlawful to go upon the lands comprised within the
boundaries of the Borough with a gun, rifle, air-rifle or firearms
for the purpose of hunting or shooting game of any kind.
[Ord. #90, S 2]
It shall be unlawful to shoot or discharge any gun, rifle, air-rifle
or firearms within the boundaries of the Borough for the purpose of
hunting or shooting game of any kind.
[Ord. #90, S 4]
[Ord. #79, S 2]
No person shall, within the limits of the Borough, bathe, swim
or be found in a state of nudity in the waters of any pond, stream
or lake located therein.
[Ord. #79, S 3]
No person shall, within the limits of the Borough, disrobe in
any automobile, truck or vehicle while the same is upon any parking
place, street, road, avenue, park or other public place.
[Ord. #79, S 7]
No person shall, within the limits of the Borough, operate or
use any radio receiving set, phonograph or other sound producing instrument,
device or apparatus in such manner that the sound thereof shall annoy
any person or disturb the comfort, rest or repose of any person being
in his, her or their place of abode.
[Ord. #79, S8; Ord. #539, SS1-3; Ord. #O-05-11, SS 1—3]
No person shall, within the limits of the Borough, make, continue,
or cause to be made or continued any loud unnecessary or unusual noise
or any noise which does or is likely to disturb, injure or endanger
the comfort, repose, health, peace or safety of others.
a.
No person shall engage in any construction, excavation, or demolition,
or use any power equipment in connection with gardening, landscaping,
lawn service, or the like within the Borough except between the hours
of 7:00 a.m. and 8:00 p.m.
b.
No person shall make or permit the making of any loud, excessive
or disturbing noise in connection with the loading or unloading of
any vehicle or trailer. Loading and unloading shall be confined to
the hours between 6:00 a.m. and 10:00 p.m.
c.
Definition of Noise. Without intending to limit the generality of
above, the following acts are declared to be examples of loud, disturbing
and unnecessary noise in violation of this subsection:
1.
Radios; Televisions; Phonographs. The playing, use of operation of
any radio receiving set, television, musical instrument, phonograph
or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or with louder volume than is necessary for convenient
hearing for persons who are in the room, vehicle or chamber in which
the machine or device is operated and who are voluntary listeners.
The operation of such a set, instrument, phonograph, machine or device
so that it is clearly audible at a distance of one hundred (100')
feet from the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
2.
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 8:00 p.m.
and 7:00 a.m., or at any time or place, which annoys or disturbs the
quiet, comfort or repose of persons in any office, dwelling, hotel,
motel or other type of residence or of any persons in the vicinity.
3.
Horns. The sounding of a horn or warning device on an automobile,
motorcycle, bus or other vehicle except when required by law, or when
necessary to give timely warning of the approach of the vehicle, or
as a warning of impending danger to persons driving other vehicles
or to persons on the street. No person shall sound a horn or warning
device on an automobile, motorcycle, bus or other vehicle which emits
an unreasonably loud or harsh sound, or for an unnecessary or unreasonable
period of time.
[Ord. #79, S 9]
No person shall, within the limits of the Borough, discard,
deposit, or leave any waste paper, tin cans, bottles, garbage, waste
or refuse of any kind whatsoever upon any parking place, street, park
or other public place or upon any lot or other premises, except in
receptacles or containers provided for such purpose.[1]
[Ord. #79, S 10]
No person shall, within the limits of the Borough, loiter on
any street or other public place, or in or about any public building.
[Ord. #79, S 11; Ord. #490]
No person shall, within the limits of the Borough, go about
from door to door or place himself in any street or other public place
to beg or gather alms, except upon obtaining a written permit from
the Chief of Police.
[Ord. #79, S 12]
No person shall, within the limits of the Borough, engage or
participate in any practice, sport or exercise having a tendency to
annoy, disturb or frighten any person on any street, park or other
public place, or having a tendency to annoy or frighten horses or
other animals on any street.
[Ord. #79, S 14]
No person shall on any street, park or other public place within
the limits of the Borough ring any bell or blow any horn or make any
public outcry at or for any public sale, auction or venue or to advertise
any goods, wares or merchandise for sale or to attract any attention
to or gain passengers for any cab, taxicab, hack or omnibus.
[Ord. #79, S 17]
No person shall, within the limits of the Borough, deal, play
or engage in faro, roulette or other illegal game of chance, either
as banker, player, dealer or otherwise for the purpose of gaming or
gambling for money or other valuable thing.
[Ord. #79, S 20]
No person shall, within the limits of the Borough, enter the
building or go upon the lands of any public school, and break, injure
or deface any part thereof or the fences belonging to or connected
with such building or lands, and no person shall disturb the exercises
of any public school or molest or give annoyance to the children attending
such school, or annoy any teacher therein.
[1]
Editor's Note: Former subsection 3-7.12. Intoxication in Public
and Private Places, previously codified herein and containing portions
of Ordinance No. 79 was repealed in its entirety by Ordinance No.
O.08-20.
[Ord. #79, S 22]
No person shall use or operate, or case to be used or operated,
a loud speaker, sound wagon, public address system or other sound-producing
device or apparatus in, on, about or near any public street, park,
building or other public place within the limits of the Borough, without
first making written application to and obtaining the permission of
the Borough Clerk, the application to set forth the name and address
of the applicant and of the person who is to operate the loud speaker,
sound wagon, public address system or other sound-producing device
or apparatus, the purpose for which the same is to be employed, and
the approximate proposed range of audibility of the apparatus sought
to be used. The Borough Clerk shall thereupon cause an investigation
to be made, and if satisfied that the granting of the permit will
not constitute a nuisance or be inimical to the peace, good order
or quiet of the Borough, shall issue a written permit to the applicant.
No person shall use or operate any such loud speaker, sound wagon,
public address system or other sound-producing device or apparatus
in such a manner that its range of audibility shall be greater than
that named in the application for its use.
[Ord. #79, S 25]
No person shall, within the limits of the Borough, intentionally,
willfully or maliciously destroy or injure any of the wires, posts,
machines, bells, sirens, boxes, locks or other apparatus of any fire
or police alarm system; nor shall any person intentionally, willfully
or maliciously interfere with the same or any part thereof with intent
to create a false alarm or obstruct the efficient operation of the
same or any part thereof, or hinder or impede any of the operations
intended to be accomplished thereby, nor shall any person intentionally,
willfully or maliciously cause a false alarm of fire to be given in
any manner.
[Ord. #79, S 26]
No person shall, during an alarm of fire hinder, prevent or
deter by any device whatsoever, any fireman or other person from rendering
lawful assistance in abating or quelling such fire, or hinder or interfere
with any fireman from going to or returning from the place where any
building or other property is on fire, or from which an alarm proceeds;
nor shall any person hinder or obstruct the passage of any fire engine,
hook or ladder truck, hose cart or any fire apparatus in going to
or from the place from which an alarm or fire proceeds, or where any
building or other property may be burning.
[Ord. #79, S 29]
No person shall engage in, or attempt or offer to engage in,
or aid, abet or participate in any fight, assault, quarrel, brawl,
battery, altercation, disturbance, riot or unruly, boisterous, noisy,
unlawful or disorderly assemblage, nor shall any person in any way
breach or disturb the peace.
[Ord. #79, S 30]
No person shall fire or discharge any pistol, revolver, rifle,
gun, air-gun or fowling piece, or any kind of firearm or cannon, in,
on or along or near any street, highway, sidewalk, foot-path, park
or other public place, within the limits of the Borough, except when
expressly permitted by law.
[Ord. #79, S 31]
No person shall operate a motorcycle, motor vehicle or other
conveyance in, on or over any sidewalk, foot-path or pathway within
the limits of the Borough.
[Ord. #79, S 33-34]
a.
No person shall write, paint, nail, clamp or otherwise fasten, inscribe
or affix any notice, placard or advertisement against or upon any
wall, fence, rock, stump, tree, shrub, building or structure without
the consent of the owner or occupant of the same, except when done
by a public officer in the performance of his duties.
b.
No person shall paint, clamp or otherwise fasten, inscribe or affix
any notice, placard or advertisement upon any public building, sidewalk,
fence, wall, bulletin board, park or other public property or place,
within the limits of the Borough, except with the permission of the
Borough Council.
[Ord. #79, S 35]
No person shall open, injure, destroy or tamper with any fire
hydrant in any public street or public place, within the limits of
the Borough, except members of the Borough Fire Department actually
engaged in the performance of their duties.
[Ord. #79, S 38; Ord. #490]
All fines imposed and collected under and by virtue of this
section shall be paid into the Municipal Court.
[Ord. #79, S 39]
[Ord, #504, S 1]
The definition of "litter," as referred to in subsection 3-7.5 of the Revised General Ordinances of the Borough of West Long Branch, shall be:
Shall mean garbage, refuse and rubbish, and all other waste
material which, if thrown or deposited as herein prohibited, tends
to create a danger to public health, safety and welfare. "Litter"
shall further mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper or other natural or synthetic material or any combination
thereof, included, but not limited to, any bottle, jar or can, any
unlighted cigarette, cigar, match or any flaming or glowing material
or any garbage, trash, refuse, debris, rubbish, grass clippings or
other lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction materials,
but does not include the waste of the primary processes of mining
or other extraction processes, logging, sawmilling, farming or manufacturing.
[Ord. #504, S 2]
a.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings and bus stations, parks, drive-in restaurants,
all street vendor locations, self-service refreshment areas, construction
sites, gasoline service station islands, shopping centers, parking
lots, and at special events to which the public is invited, including
sporting events, parades, carnivals, circuses and festivals. The proprietors
of these places or the sponsors of these events shall be responsible
for providing and servicing the receptacles such that adequate containerization
is available.
b.
"Litter receptacle" means a container suitable for the disposing
of litter.
[Ord. #504, S 3]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture or private property, except by written
consent of the owner of said property in any place not specifically
designated for the purpose of solid waste storage or disposal. Curbside
is designated as the area for disposal of solid waste, consistent
with other ordinances of this Borough, for residential properties
and certain designated commercial sites.
[Ord. #504, S 4]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in any areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[Ord. #504, S 5]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential except in
a fully enclosed structure or on days designated for the collection
of tires.
[Ord. #504, S 6]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, sifting, leaking or otherwise
escaping therefrom.
Any person operating a vehicle from which any glass or objects
have fallen or escaped which could cause an obstruction, damage a
vehicle or otherwise endanger travelers or public property shall immediately
cause the public property to be cleaned of all glass or objects and
shall pay the cost therefor.
[Ord. #504, S 7]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after completion of any construction or demolition
project. It shall be the duty of the owner, agent or contractor in
charge of a construction site to furnish containers adequate to accommodate
flyable or non-flyable debris or trash at areas convenient to construction
areas, and to maintain and empty the receptacles in such a manner
and with such a frequency as to prevent spillage of refuse.
[Ord. #504, S 8]
It shall be unlawful for any residential, commercial, or industrial
property owner to permit open or overflowing waste disposal bins on
his or her property.
[Ord. #504, S 9]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. All sweepings shall be collected and properly containerized
for disposal.
[Ord. #504, S 10]
It shall be unlawful for any person to sweep into or deposit
in any gutter, street, catch basin or other public place any accumulation
of litter from any public or private sidewalk or driveway. Every person
or entity who owns, leases, occupies or manages property within the
borough shall keep the sidewalk in front of his/its premises free
of litter. All sweepings shall be collected and properly containerized
for disposal.
[Ord. #504, S 11]
a.
Any person, firm or corporation who violates or neglects to comply
with any provision of this section or any rule or regulation promulgated
pursuant thereto shall be punishable upon conviction thereof by a
fine not to exceed $100. As an alternate penalty, a convicted person
may be ordered to perform community service in the Clean Communities
Program for a period not to exceed 90 days.
b.
Each day such violation or neglect is committed or permitted to continue
shall constitute a separate offense and be punishable as such. Enforcement
shall be by summons heard in the Municipal Court.
[Ord. #563, S 1]
No person under the age of 18 years shall be upon any of the
public streets, highways, alleys, parks or other public places of
the Borough of West Long Branch, either on foot or in or upon any
type of conveyance, unless such person is accompanied by his or her
parent, guardian or legal custodian, between the hours of 8:30 p.m.
and 6:00 a.m. on October 29, 30 and 31. If October 31 falls on a Thursday,
Friday or Saturday, this ordinance shall also be effective on November
1.
[Ord. #563, S 2]
The provisions of this section shall not be applicable to any
person under the age of 18 years during the time necessarily required
for such person to travel from:
a.
A place of employment at which such person may be gainfully employed;
or
b.
A school or place of instruction at which such person may be in bona
fide attendance; or
c.
A place at which a function may be held that shall be, or had been
sponsored by, a religious, school, civic or other properly supervised
event or program; or
d.
A place at which a bona fide, supervised, social meeting, gathering
or assemblage had taken place, to the person's residence.
[Ord. #563, S 3]
Each violation of this section shall be subject to a penalty as set forth in Subsection 1-5.1 and any subsequent amendments thereto.
[Ord. #564, S 1]
In accordance with and pursuant to the authority of L. 1988,
c. 44 (N.J.S.A. 2C:36-7), the Drug-Free School Zone Map produced by
William P. Farrell, Jr., Borough Engineer, and revised on January
28, 1988, is hereby approved and adopted as an official finding and
record of the location and areas within the municipality of property
which is used for school purposes and which is owned by or leased
to any elementary or secondary school or school board, and of the
areas on or within one thousand (1,000') feet of such school property.
[Ord. #564, S 2]
The Drug-Free School Zone Map approved and adopted pursuant to Subsection 3-10.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000') feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. #564, S 3]
The School Board, or the Chief Administrative Officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Borough Engineer
and the Borough Attorney of any changes or contemplated changes in
the location and boundaries of any property owned by or leased to
any elementary or secondary school or school board and which is used
for school purposes.
[Ord. #564, S 4]
The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-10.1 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 ordinance shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.
[Ord. #564, S 5]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to Subsection 3-10.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prime facie evidence of the following:
1.
The location of elementary and secondary schools within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within one thousand
(1,000') feet of such school property.
b.
All of the property depicted on the map approved and adopted herein
as school property was owned by 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 (N.J.S.A. 2C:35-7).
c.
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-10.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or School Board, or that such property is not used for school purposes.
d.
All of the requirements set forth in L. 1988, c. 44 concerning the
preparation, approval and adoption of a Drug-Free School Zone map
have been complied with.
[Ord. #583]
Shall mean and include all those species of birds commonly
known as "swans," "geese," "brant," "river and sea ducks," and any
other waterfowl.
[Ord. #583]
No person or persons shall feed, cause to be fed, or provide
food for waterfowl on public property within the Borough.
[Ord. #583]
This section shall not be construed to prohibit humane acts
toward waterfowl in individual cases.
[Ord. #583]
No person or persons shall create or foster any condition, or
allow any condition to exist or continue, which results in a congregation
or congestion of waterfowl, or in an accumulation of waterfowl feces
or droppings or in damage to flora or fauna on public property, or
in a public health nuisance or in a threat to the health, safety and
welfare of the public or the waterfowl.
[Ord. #583]
The West Long Branch Police Department, Code Enforcement Officer,
and the Regional Health Commission No. 1 are hereby authorized and
directed to enforce the provisions of this section.
[Ord. #583]
Any person or persons convicted of a violation of any of the provisions of this section shall be subject to the fines and penalties provided by Subsection 1-5.1, however, the minimum fine for any violation of this section shall be $25.
[Ord. #0-95-3, S 1]
Shall mean and include individual natural persons, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts or
corporation; or any officers, agents or personal representatives thereof,
in any capacity, acting either for himself, or for any other person,
under either personal appointment or pursuant to law.
Shall mean and include gold, silver, platinum and alloys
thereof and coins containing precious metals.
[Ord. #0-95-3, S 2; Ord. #O-10-9, S 1]
All persons regulated by this section shall require of anyone
offering to sell them merchandise regulated by this section to produce
two forms of identification, of which one form shall be a photo identification,
such as a passport, driver's license, or other similar form of identification
(which shall be photocopied by the persons regulated by this section).
Said persons shall also sign and give to the seller a receipt for
said merchandise and shall obtain from the seller the following information:
(a) name, (b) address, (c) sex, (d) date of birth, (e) Social Security
number or passport, (f) physical description and (g) telephone number.
A form for physical description shall be available from the Police
Department of the Borough of West Long Branch.
[Ord. #0-95-3, S 2; Ord. # 0-12-12]
All persons regulated by this section shall maintain a record of each purchase, which shall contain a description of the merchandise purchased, any identifying markings or numbers on the merchandise, an instant or digital picture of the item, a copy of the signed receipt given to the seller and a record of all information required under Subsection 3-12.2. All instant or digital pictures of items shall be retained by the purchaser for a period of six months from the date of purchase.
[Ord. #0-95-3, S 4; Ord. #O-10-9, S 3]
All persons regulated by this section shall, no later than the
15th and last day of each month, deliver to the Police Department
of the Borough of West Long Branch a list of all items of merchandise
covered by this section purchased by them. Said list shall contain
a description of each item, any identifying numbers, the time of purchase
and the name and address of the seller.
[Ord. #0-95-3, S 5; Ord. #O-10-9, S 4]
No person regulated by this section shall sell, melt down or
otherwise dispose of any merchandise covered by this section purchased
by him until after the expiration of 30 days from the close of business
on the date of purchase.
[Ord. #0-95-3, S 6]
No person regulated by this section shall purchase any merchandise
covered by this section from anyone under the age of 18 years.
[Ord. #0-97-6, S 1]
Shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling and other personal use, including
cigars, chewing tobacco, pipe tobacco, snuff, smokeless tobacco and
cigarettes in any form.
Shall mean any person or entity that operates a store, stand,
booth, concession or place at which sales of tobacco are made to purchase
for consumption or use, and shall mean a person or entity who owns
or operates a vending machine and/or a vending machine location.
Shall mean any automated, self-service device which, upon
insertion of money, tokens or any other form of payment, dispenses
cigarettes or other tobacco products.
[Ord. #0-97-6, S 2]
It shall be unlawful for any person, including a tobacco retailer,
to sell, give or furnish to a minor under the age of 18 years, tobacco
in any form, including, but not limited to, over-the-counter sales
or sales from a vending machine.
[Ord. #0-97-6, S 3]
It shall be unlawful for any person, including a tobacco retailer,
to allow, suffer or permit the sale or distribution of tobacco in
any form, including smokeless tobacco, by any person under the age
of 18 years.
[Ord. #0-97-6, S 4]
It shall be unlawful for any person to sell, give or furnish
rolling papers to a minor under the age of 18 years.
[Ord. #0-97-6, S 5]
It shall be unlawful for any person or tobacco retailer to offer
for sale or to sell any tobacco product through a tobacco vending
machine except in the following instances:
a.
In a premises such as a factory, business, office or industrial plant
or other place where the public is generally not given access and
where such machines are intended for the sole use of employees over
18 years of age.
b.
In or on a premises where the public is generally invited, provided
the operation of the tobacco vending machine is possible only by the
activation of an electronic switch or other device which is controlled
by a person over the age of 18 years, and such machine is in the immediate
vicinity of, or in plain view of and under the control of such person.
[Ord. #0-97-6, S 6]
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine, in a location where Subsection 3-13.5 of this section provides for a vending machine to be so equipped.
[Ord. #0-97-6, S 7]
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to the fines and penalties provided in Section 1-5.
[Ord. #0-97-17, S 1]
Shall mean pushcarts of the type or types which are commonly
provided by grocery stores or other retail mercantile establishments
for the use of the public in transporting merchandise in stores and
markets and incidentally from the stores to places outside the stores.
[Ord. #0-97-17, S 2]
All shopping carts located within, or belonging to, a commercial
establishment shall be kept at all times on the subject premises.
It shall be the responsibility of the owner or tenant of the subject
premises to insure that all shopping carts remain as close to the
building as possible at all times. At no time will shopping carts
be allowed to be or remain off the establishment's premises.
[Ord. #0-97-17, S 3]
Any person, corporation or other entity who shall violate any provision of this section shall, upon conviction thereof, be subject to punishment in accordance with Section 1-5.
[Ord. #0-98-7, S 1]
No person shall, within the limits of the Borough, urinate or
defecate upon any public street or way or upon any public or private
property, except in toilet facilities.
[Ord. #0-98-7, S 2]
Any person found guilty of violating the provisions of this section shall be subject to the penalties established in Section 1-5.
[Ord. #O-03-14, S 1]
Consent to park or leave unattended any waste or refuse container,
commonly known as roll-off dumpsters or roll-off containers on or
along any highway or public property, pursuant to N.J.S.A. 27:51-1
and any amendments thereto, shall only be valid and remain in effect
for up to 30 days, or for a shorter period of time, as set forth on
the permit issued by the appropriate official.
[Ord. #O-03-14, S 2]
The appropriate official to give consent for parking or leaving
unattended any waste or refuse containers shall be, in the case of
a municipal highway or public property, the Traffic Safety Officer,
or the Chief of Police in the absence of the Traffic Safety Officer,
of the West Long Branch Police Department. The appropriate official
for County or State highways shall be the person so designated by
each governmental entity.
[Ord. #O-03-14, S 3]
An application form for obtaining approval to park or leave
unattended any waste or refuse containers shall be developed by the
West Long Branch Police Department and its Traffic Safety Officer.
That form shall be the designated form for use by any person seeking
to park or leave unattended any waste or refuse container on a municipal
highway or public property.
[Ord. #O-03-14, S 4]
The application form referenced above shall provide that the
applicant acknowledges his or her understanding of the legal requirements
concerning the marking of the dumpster, as set forth in N.J.S.A. 27:51-1
and any amendments thereto.
[Ord. #O-03-14, S 5]
The West Long Branch Police Department shall develop a form
of permit to be issued consistent with this section. The Traffic Safety
Officer, or the Chief of Police in the absence of the Traffic Safety
Officer, shall state on each permit the calendar date the permit expires.
[Ord. #O-03-14, S 6]
Renewal of any permits hereunder shall require the permittee
to file a new permit application and obtain a new permit, the granting
of which shall be at the discretion of the Traffic Safety Officer,
or the Chief of Police in the absence of the Traffic Safety Officer.
[Ord. #O-03-14, S 7]
The parking or leaving unattended of any waste or refuse container,
in violation of N.J.S.A. 27:51-1 and its amendments, shall be deemed
a violation by both the homeowner for whose purposes the container
has been placed, as well as the person and/or entity placing the container
on the highway or public property.
[Ord. #O-04-5, S 1]
All vehicles parked on the premises of detached single-family
dwellings shall only be parked in either (A) a garage; (B) on the
driveway; or (C) on a prepared parking area which is an extension
of and contiguous to the driveway surface. "Prepared parking area"
is defined to include concrete, asphalt, stone, or concrete pavers.
[Ord. #O-04-5, S 2]
Excepted from the conditions above are the following:
[Ord. #O-04-5, S 3]
Other than in a designated driveway, parking is prohibited in the front yard of any residential property. "Front yard" is defined in Section 18-3.
[Ord. #O-04-5, S 3]
[Ord. #O-07-10, S 1]
No person shall smoke while occupying a motor vehicle if a person
under the age of 18 years is also occupying the vehicle.
[Ord. #O-07-10, S 2]
a.
MOTOR
VEHICLE (under this section) - Shall mean any self-propelled vehicle
licensed for on-road usage, other than a motorcycle, moped, motor
scooter or motorized bicycle, regardless of whether the motor vehicle
is publicly or privately owned, leased or rented; and regardless of
whether the motor vehicle is operated for public, private or commercial
purposes; and regardless of whether the windows or doors of the vehicle
are in an opened or closed position.
b.
SMOKE (under this section) - Shall mean the burning, inhaling, exhaling
or being in possession of a lighted cigarette, cigar, pipe, or any
other matter or substance which contains tobacco or any other matter
that can be smoked.
[Ord. #O-07-10, S 3]
This section may be enforced by the State of New Jersey or any
local law enforcement officer, but only as a secondary action when
the operator of a motor vehicle has been stopped or detained for a
different violation of Title 39 of the Revised Statutes of the State
of New Jersey, or the operator has been stopped or detained for another
offense.
[Ord. #O-07-10, S 4]
Any person found to have violated this section shall be fined
$75, plus court costs.
[Ord. No. O-07-15; repealed
by Ord. No. O-2016-5]
[Amended 8-3-2022 by Ord. No. O-22-12]
[Ord. #O-14-2]
Shall mean a temporary portable containerized property storage
facility or unit intended to be utilized upon the exterior of residential
premises for the purpose of storing all types of items of personal
and household property either for pure storage or to facilitate the
moving of persons from household unit to household unit, or while
construction may be going on with the property's principal structure.
This definition shall also include PODs.
Shall mean the act of storing goods or the state of being
stored; a space for storing goods.
[Ord. #O-14-2]
Storage of certain items prohibited on residential property.
In areas zoned residential, it shall be unlawful to allow outside
storage of any of the following:
a.
Any bulk household items such as appliances or non-outdoor furniture,
except in a fully enclosed structure as permitted by the Zoning Ordinance.
b.
Construction material and equipment, including, but not limited to,
ladders, scaffolding, cement, concrete, building blocks, sheetrock,
plywood, studs or beams, sand and aggregate piles, fuel storage devices,
pipes, cement mixers, excavating equipment, etc. for more than 60
days unless there is a valid building permit issued.
c.
Landscaping equipment and supplies, including, but not limited to,
mowers, chippers, shredders, pavers, mulch in bags or piles for more
than 60 days.
d.
Fuels, flammable liquids, tires and other motor vehicle equipment
and parts.
[Added 8-3-2022 by Ord. No. O-22-12]
A permit shall be required in order to have a dumpster, roll-off,
or pod on any property within the Borough.
[Ord. #O-14-2; amended 8-3-2022 by Ord. No. O-22-12]
PCPSFs in all R-residential zones or on property used for residential
purposes shall be subject to the following:
a.
Zoning Permit. A zoning permit is required for the placement of any
PCPSF.
b.
Location.
1.
Front Yard: No PCPSF shall be located within a front yard unless
located on an existing driveway. Also, any PCPSF shall be at least
fifteen (15') feet back from the street line.
2.
Side and Rear Yards: Any PCPSF must be located at least three (3')
feet from any side yard line and at least five (5') feet from any
rear property line.
3.
Proximity to Neighbors. No PCPSF shall be located within fifteen
(15') feet from any structure on any neighboring property.
c.
Time Limit.
1.
No PCPSF shall be located on any residential premises for a total
of more than three months (90 days).
2.
Extension. Three consecutive 3-month extensions of the PCPSF zoning
permit may be applied for. The granting of any requested extension
shall be based upon a review conducted by the appropriate Borough
officials. Unless otherwise determined, no additional extensions shall
be permitted, and the approved extension shall not exceed a total
of nine months. No PCPSF shall be located on a residential use for
a total of more than one year (12 months).
d.
Other Requirements. The following requirements shall be met by the
owner or occupier of the residential premises with respect to a PCPSF:
1.
The PCPSF situated on residential property shall only be used for
the storage of construction material to be used on the premises under
a valid permit, personal property, furniture and household items normally
located on or in a residential dwelling or premises.
2.
PCPSFs shall not be used for storage of any type of business equipment,
fuels or flammable liquids, however "business equipment" to be used
in construction on the premises under a valid permit shall be permitted.
e.
Dumpster
Time Limits.
[Added 8-3-2022 by Ord. No. O-22-12]
[Ord. #O-14-2; amended 8-3-2022 by Ord. No. O-22-12]
The fee for obtaining a permit for a pod or a dumpster shall
be $35 per pod or dumpster. If there is an extension of the permit
for a pod, in accordance with Borough ordinances, any extension will
require an additional fee of $35.
[Ord. #O-14-2]
A property shall be permitted to have a trailer (as specified
elsewhere in the Borough's ordinances) and a PCPSF, or no more than
two PCPSFs, but not a trailer and more than one PCPSF.
[Ord. #O-14-2]
Any violation of this section shall be subject to the general penalty provisions in Section 1-5.
[Added 8-3-2022 by Ord. No. O-22-10]
No construction may be undertaken within the Borough on Sundays
by third parties. "Third parties" are defined as persons and entities
other than the property owner.
[Added 8-3-2022 by Ord. No. O-22-10]
As used in this section:
Shall include, but not be limited to, demolition, rehabilitation
and building.
[Added 8-3-2022 by Ord. No. O-22-10]
This section may be enforced by any member of the West Long
Branch Police Department or any of the Borough's Code Enforcement
personnel.
