[Ord. No. 328-1990; Ord. No. 330-1990 § 1]
This section may be known or cited as "The Anti-Littering Ordinance
of the Borough of Woodbine."
[Ord. No. 328-1990; Ord. No. 330-1990 § 2]
It is the intention of the Governing Body of the Borough of
Woodbine to prohibit littering, of every type and description, within
the Borough of Woodbine and it is the further intention of the Borough
to prohibit illegal dumping or illegal disposition of solid waste
other than at an approved landfill or other facility approved by the
New Jersey Department of Environmental Protection. It is the further
policy of the Borough of Woodbine to vigorously enforce the provisions
of this section; to require all violators to be punished to the extent
permitted by law; and to the extent appropriate, to require all such
violators to clean up the litter or the solid waste which has been
illegally or improperly disposed of. Finally, it is the intention
and the policy of the Borough to adopt this section and to implement
an aggressive enforcement policy to comply with the requirements of
the Clean Communities Program of the State of New Jersey.
[Ord. No. 328-1990; Ord. No. 330-1990 § 3]
a.
It shall be unlawful for any person to throw, drop, discard, or otherwise
place litter of any nature upon any public or private property, other
than a litter receptacle.
b.
For purposes of this section, the term "litter" shall 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, including,
but not limited to, any bottle, jar or can, or any top, cap, or detachable
tab of 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 material, but does not include the waste of the primary
processing of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
[Ord. No. 328-1990; Ord. No. 330-1990 § 4]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, or on any other place,
any household or commercial waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture, or other property
or items, in any place not specifically designated for the purpose
of solid waste storage or disposal.
[Ord. No. 328-1990; Ord. No. 330-1990 § 5]
a.
The Borough shall cause litter receptacles and their servicing to
be placed throughout the Borough. The Borough Council is hereby authorized
to determine the number and locations of such litter receptacles and
to provide for their appropriate servicing by resolution, which resolution
may be amended or supplemented from time to time.
b.
For purposes of this section, the term "litter receptacle" shall
mean a container suitable for the depositing of litter.
[Ord. No. 328-1990; Ord. No. 330-1990 § 6]
No person shall 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 who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All litter sweepings shall be collected and
properly containerized for disposal.
[Ord. No. 328-1990; Ord. No. 330-1990 § 7]
It shall be unlawful for any residential or commercial property
owner or occupant to permit open or overflowing waste disposal bins
on said property.
[Ord. No. 328-1990; Ord. No. 330-1990 § 8]
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 immediately following 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. No. 328-1990; Ord. No. 330-1990 § 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.
[Ord. No. 328-1990; Ord. No. 330-1990 § 10]
It shall be unlawful for any person or place to cause to be
placed, or to hire another person to place any advertisement, handbill
or unsolicited material of any kind in or on any street, sidewalk,
building or vehicle within the community in such a manner that it
may be removed by natural forces.
[Ord. No. 328-1990; Ord. No. 330-1990 § 11]
In the event that the owner or possessor of private property or lands shall refuse or neglect to abate or remedy the condition which constitutes a violation of this section as specified in subsections 3-1.6, 3-1.7, 3-1.8 and 3-1.9 herein, the Borough may cause the condition to be abated and remedied. Upon the removal of any materials prohibited to be stored or abandoned on lands by this section, by or under the direction of an appointed officer or officers of this jurisdiction, in cases where the owner or tenant shall have refused or neglected to remove the materials within five days of receiving a notice of violation, such officer(s) shall certify the cost thereof to the Borough, which shall examine the certificate and, if found correct, shall adopt a resolution of the Governing Body causing the cost, as shown thereon, to be charged against the lands and such cost will be added to and become and form part of the taxes next to be assessed and levied upon the lands. Such costs shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 328-1990; Ord. No. 330-1990 § 12]
This section shall be enforced by the Code Enforcement Officer
of the Borough or by any officer, inspector or agent of the Cape May
Department of Health or by any police officer, Sheriff's officer or
other law enforcement officer of the State of New Jersey.
[Ord. No. 328-1990; Ord. No. 330-1990 § 13]
a.
Any person, firm or corporation who violates any provision or provisions of this section, except for subsection 3-1.4, shall, upon conviction, be subject to the following:
1.
For a first (1st) offense, a fine not to exceed $200 provided, however,
that where the offense is of a continuing nature, each day during
which it continues shall constitute a separate and distinct offense.
2.
For a second (2nd) or subsequent offense, a violator shall be subject
to one or more or any combination of the following penalties:
b.
Any person, firm or corporation who violates the provisions of subsection 3-1.4 hereof shall, upon conviction, be subject to one or more, or any combination of the following penalties:
c.
Enhanced Penalty. Any person, firm or corporation is convicted of
violation of this section within one year of the date of a previous
violation of this section and who was fined for the previous violation,
shall be sentenced by the Court to an additional fine as a repeat
offender. Such additional fine shall not be less than the minimum
or exceed the maximum fine fixed for a violation of this section,
but shall be calculated separately from the fine imposed for the violation
of the section.
[Ord. No. 127; Ord. No. 183; Ord. No.
358 § 1]
By enactment of the Senate and General Assembly of the State
of New Jersey, the legislature has found and declared and this Borough
Council adopts such finding and declaration that children who are
left unsupervised during the overnight hours may be exposed to the
most detrimental influences in society; that the allure of the rampant
drug counter-culture, the potential for involvement in criminal activity,
and other potential threats to physical and mental health and welfare
of children justify governmental action in furtherance of the protection
of one of the most fragile and easily influenced segments of our society.
The legislature has further found and declared and this Borough Council
adopts such finding and declaration that is in the best interest of
society to encourage family unity; to encourage the family unit to
provide for the care, protection, and wholesome mental and physical
development of children; to encourage the supervision of children
by their parents and guardians and encourage communication between
them.
The Legislature has further found and declared and this Borough
Council adopts such finding and declaration that because of the peculiar
vulnerability of children, their inability to make critical decisions
in an informed mature manner, and the importance of the parental role
in child rearing, it is appropriate to enact an ordinance protecting
children from the dangers of the streets and to encourage the deepening
of familial relationships.
[Ord. No. 127; Ord. No. 183; Ord. No.
358 § 2]
As used in this section:
Shall mean the chief law enforcement officer of the Borough
of Woodbine. Where and when the Borough is under the police jurisdiction
of the New Jersey State Police, the chief law enforcement officer
shall be the State Police Officer in charge of the State Police Barracks
assigned to patrol the Borough of Woodbine. The Police Station for
the Borough shall, in such case, be the assigned State Police Barracks.
Shall mean a person, other than a parent, to whom, legal
custody of the juvenile has been given by Court Order who is acting
in the place of the parent or is responsible for the care and welfare
of the juvenile.
Shall mean an individual who is under the age of 18 years.
Shall mean any place to which the public has access, including
but not limited to a public street, road, thoroughfare, sidewalk,
bridge, alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other public building, structure or area.
[Ord. No. 127; Ord. No. 183; Ord. No.
358 § 3]
It shall be unlawful for any juvenile to be on any public street
or in a public place in the Borough between the hours of 10:00 p.m.
and 6:00 a.m. from and including the day after Labor Day through and
including the day before Memorial Day, except as otherwise expressly
permitted herein. From and including Memorial Day through and including
Labor Day, it shall be unlawful for any juvenile to be on any public
street or in a public place in the Borough of Woodbine between the
hours of 11:00 p.m. and 6:00 a.m. except as otherwise expressly permitted
herein.
[Ord. No. 127; Ord. No. 183; Ord. No.
358 § 4]
A juvenile shall not be considered in violation of this section
under the following exceptional circumstances:
a.
When accompanied by a parent or guardian of such juvenile.
b.
When engaged in or traveling to or from business or occupation which
the laws of this State authorize a juvenile to perform.
c.
When engaged in errands involving medical emergencies or attending extra-curricular school activities, activities sponsored by religious or community-based organizations, and other cultural, educational and social events during the hours prescribed in subsection 3-2.3 above.
d.
When exercising First Amendment Rights protected by the United States
Constitution, including but not limited to the free exercise of religion,
freedom of speech and the right of assembly. The juvenile shall evidence
the bona fides of such exercise by first delivering to the Chief of
Police or such person designated by the Chief of Police to receive
such information, at the Borough Police Station, 24 hours in advance,
a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and
telephone number, specifying when, where and in what manner the juvenile
will be on the street at night (during hours when this section is
otherwise applicable to the juvenile) in the exercise of the First
Amendment Rights specified in such communication.
e.
When the juvenile is on the sidewalk or place immediately fronting
where such juvenile resides.
f.
When the juvenile is, with parental consent, in a motor vehicle for
the purpose of direct interstate or intrastate movements along streets
or roads in the Borough, such travel beginning or ending in the Borough.
[Ord. No. 127; Ord. No. 183; Ord. No.
358 § 5]
It shall be unlawful for a parent or guardian of a juvenile knowingly to permit or by inefficient control to allow a juvenile to be on any public street or in a public place in the Borough between the hours prescribed in subsection 3-2.3 above, under circumstances not constituting an exception to or otherwise beyond the scope of the curfew ordinance. The term "knowingly" shall include knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of the juvenile in that parent's or guardian's legal custody. It is intended to continue to keep neglectful or careless parents or guardians up to a reasonable community standard of parental responsibility. It shall therefore be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.
[Ord. No. 127; Ord. No. 183; Ord. No.
358 § 6]
If a police officer concludes that a juvenile is on the streets
or public places in violation of this section the officer shall notify
the juvenile that he or she is in violation of this section and shall
require the juvenile to provide his or her name, address and telephone
number and the means by which to contact the juvenile's parents or
guardians. The juvenile shall then be taken to the Police Station,
where a parent or guardian shall immediately be notified to come for
the juvenile. A complete record of the circumstances under which the
juvenile was first found in violation of this section shall be made,
and such record shall include the name and address of the juvenile,
the names and addresses of all persons who have any legal or moral
obligation, or direct interest in the juvenile's well being and the
nature of such obligation or interest, i.e., parent, guardian, custodian,
etc. When a parent or guardian has come to take charge of the juvenile
and the appropriate information has been recorded, the juvenile shall
be released to the custody of such parent or guardian. If the parent
or guardian cannot be located or fails to take charge of the juvenile
then the juvenile shall be released to the appropriate juvenile authorities,
except to the extent that, in accordance with police regulations,
approved in advance by the juvenile authorities, the juvenile may
temporarily be entrusted to an adult relative, neighbor or other person
who will on behalf of a parent or guardian, assume the responsibility
of caring for the juvenile pending the availability or arrival of
a parent or guardian.
[Ord. No. 127; Ord. No. 183; Ord. No.
358 § 7]
In the case of a first violation by a juvenile, the investigating
police officer shall cause a written notice of the violation, with
a warning that any subsequent violation will result in further enforcement
of this section, including enforcement of parental responsibility
and of applicable penalties, to be served upon the juvenile's parent
or guardian, either by personal service or certified mail. If, at
any time within 45 days following the giving of such warning notice,
the juvenile to whom such notice related or applied is again charged
with a violation of this section, and upon such charge is subsequently
convicted of a violation of the provisions of this section, it shall
be rebuttably presumed that the juvenile committed such subsequent
violation with the knowledge, allowance, permission or sufferance
of the parent or guardian of such juvenile, and said parent or guardian
shall thereupon be charged with a violation of this section. Violators
of this section shall be required to perform up to and including 16
hours of community service and may be subject to a fine of up to $1,000.[1] If both the juvenile and the juvenile's parent or guardian
violate this section, they shall be required to perform together any
community service term imposed hereunder.
[Ord. No. 127; Ord. No. 183; Ord. No.
358 § 8]
When not inconsistent with the context, words used in present
tense include the future; words in the plural include the singular;
and words in the singular include the plural. The word "shall" is
always mandatory and not merely directory.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 317-1988.
[Ord. No. 475-2006 § 1]
In accordance with and pursuant to the authority of L. 1988,
c. 44 (C. 2C:35-7 and C. 2C:35-7.1), the Drug-Free Zone Map dated
March 31, 2006 by Bruce Graham of Van Note Harvey Associates, Municipal
Engineer, 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 1,000 feet of such school property, and property
comprising public housing facilities, public parks and/or public buildings,
and the areas on or within 500 feet of such property.
[Ord. No. 475-2006 § 2]
The Drug-Free Zone Map approved and adopted pursuant to subsection 3-3.1 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 or on or within 500 feet of property comprising public housing facilities, public parks and/or public buildings as defined and provided in N.J.S.A. 2C:35-7 and 2C:35-7.1 respectively 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 such property and Drug-Free Zones.
[Ord. No. 475-2006 § 3]
The school board, and/or the owners of any of the aforesaid
public properties are 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 them and used for
school purposes, or public purposes, as applicable.
[Ord. No. 475-2006 § 4]
The Clerk of the Borough of Woodbine is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-3.1 of this section, and to provide at a reasonable cost of a true copy thereof to any person, agency or court which may from time to time request such 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 Cape May County Prosecutor.
[Ord. No. 479-2006 § 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 3-3.1 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 prima facie evidence of the following:
1.
The location of elementary schools and public properties as aforesaid
within the Borough of Woodbine;
2.
The boundaries of such school or public real property;
3.
That such property is and continues to be used for school purposes,
and/or public purposes, as applicable;
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property, or are on or within 500 feet of such
public properties.
b.
Pursuant to the statutes aforesaid, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offenses defined in those statutes, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-3.1 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 used for public purposes as aforesaid, 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 for public purposes as aforesaid.
c.
All of the requirements set forth in N.J.S.A. 2C:35-7 and 35-7.1
aforesaid concerning the preparation, approval and adoption of a Drug-Free
Zone Map have been complied with.
[Ord. No. 369-1994]
No retailer, as defined by N.J.S.A. 2C:34-3.1, shall display
or permit to be displayed at his business premises any obscene material,
as defined in N.J.S.A. 2C:34-3, at a height of less than five feet
or without a blinder or other covering placed or printed on the front
of the material displayed.
[Ord. No. 369-1994]
Any public display of the obscene material as defined in N.J.S.A.
2C:34-3, shall be presumptive evidence that the retailer knowingly
made or permitted the display.
[Ord. No. 369-1994]
Any violation of this section shall be a petty disorderly person's
offense.
[Ord. No. 230 § 1]
As used in this section:
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly.
Shall mean and include any adult person having care or custody
of a minor, whether by reason of blood relationship, the order of
any court or otherwise.
Shall mean any place to which the public has access and shall
include any street or sidewalk. It shall also include the front or
the neighborhood of any store, shop, restaurant, tavern or other place
of business, and public grounds, areas, parks, as well as parking
lots or other vacant private property not owned by or under the control
of the person charged with violating this section or in the case of
a minor, not owned or under the control of his parent or guardian.
[Ord. No. 230 § 2]
No person shall loiter in a public place in such manner as to:
a.
Create or cause to be created a danger of a breach of the peace.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest, or interfere with any person lawfully in any public place as defined in subsection 3-5.1. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
[Ord. No. 230 § 3]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-5.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[Ord. No. 230 § 4;
New]
[Ord. No. 5; Ord. No. 74; Ord. No. 182]
a.
All persons who shall go from door to door or place themselves in
streets or passages to beg, crave charity or collect alms, or who
shall wander abroad and lodge in taverns, inns, beer houses, outhouses,
houses of entertainment, market houses, farms or other places or in
the open air, and not give a good account of themselves, or who shall
beg or solicit charity, under pretense of being or having been soldiers,
marines or sailors or casualty by war, other pretense or thing; and
all persons who shall use or pretend to have any skill in palmistry
or like crafty science, or who shall pretend to tell destinies or
fortunes; and all vagrants, common thieves or pickpockets, common
night walkers or prostitutes, shall be deemed and judged to be disorderly
persons.
b.
Any persons or person who shall loiter or assemble on the streets,
at the corners of the streets or in public places of the Borough,
or shall indulge in and utter loud and offensive language, or shall
address and make audible and offensive remarks or comments upon any
person passing along such streets or public places, or shall obstruct
or interfere with any person or persons lawfully being in and upon
such streets or public places, shall be judged and deemed to be a
disorderly person.
c.
Any person who shall have in his or her possession upon the public
streets or sidewalks of the Borough or in or upon a vehicle on the
public streets or sidewalks any alcoholic beverage in other than its
original sealed container shall be deemed and adjudged a disorderly
person.
d.
Any person who shall be arrested at any railroad depot, synagogue,
church, banking institution, place of public amusement, store or crowded
thoroughfare or other place of public resort or assemblage for business,
worship or amusements, or other lawful purpose in the Borough and
shall be proven to the satisfaction of the Judge of the Municipal
Court to be a common thief, burglar, pickpocket or prostitute and
to have been frequenting or attending such places for an unlawful
purpose shall be deemed and adjudged to be a disorderly person.
e.
Any person who shall be apprehended in the Borough having concealed
upon his person any offensive or dangerous weapon shall be deemed
to be a disorderly person; provided this section shall not apply to
any State, county, or other peace officers, nor to any person having
a lawful written permit from the proper authorities to carry such
weapon.
f.
Any person who shall cast or throw any stick, stone or other substance
or who shall shoot from any air gun, pistol or rifle any shot or ball
at any auto, wagon, house or pedestrian on or in any street or public
place in the Borough shall be deemed and adjudged a disorderly person.
g.
Any person who may be convicted of maliciously destroying, damaging
or ruining any property in the Borough, may be deemed and adjudged
a disorderly person.
[Ord. No. 5; Ord. No. 74; Ord. No. 182; New]
[Ord. No. 37 § 1]
The manufacture of fireworks, gunpowder, dynamite and other
dangerous or explosive material is hereby prohibited in the Borough.
[Ord. No. 37 § 2]
No gunpowder, kerosene, benzene, gasoline, burning fluid, nitroglycerine,
dynamite, camphene, coal oil, spirit gas, petroleum or other dangerous
or explosive material shall be stored in any one place in the Borough
in quantities exceeding 50 gallons of liquids or five pounds of solids.
Any of the explosive materials to the amount specified, may be stored
in the Borough if contained in an airtight metal tank or receptacle,
which shall be kept closed and locked when not in use. No light, flame
or fire of any kind, other than an incandescent electric light, shall
be placed, kept or brought, or suffered to be placed, kept or brought
within five feet of the tank or receptacle, nor shall the tank or
receptacle be placed within 25 feet of any building in the Borough,
nor shall any one receptacle or tank be placed within 10 feet of another
receptacle or tank, and 25 gallons of gasoline buried in tanks underground.
[Ord. No. 37 § 3]
The use of candles and lights having an open flame is hereby
prohibited in any barn, stable or other building in the Borough.
[Ord. No. 37 § 4;
New]
[Ord. No. 9 § 1]
No person shall fire or discharge any firearm or fireworks,
or build or light any bonfire within the limits of the Borough without
the permission of the Mayor or the Clerk and a permit.
[Ord. No. 9 § 2;
New]
[Ord. No. 479-2006 § 1]
The purpose of this section is to control and regulate off-road
motor vehicles within the Borough in order to preserve the public
peace and order and protect the health, safety and welfare of the
general public of the Borough.
[Ord. No. 479-2006 § 1]
For the purpose of this section:
Shall mean any two-wheeled, motor-propelled apparatus licensed
by the State of New Jersey, Department of Motor Vehicles, for operation
upon the public highways.
Any two-, three- or four-wheeled bicycle or similar apparatus
motor-propelled or having a helper motor and commonly referred to,
among other designations, as a "moped," "minibike," "go-cart," "all-terrain
vehicle," "trail bike," or the like which, by its nature, is not authorized
to be licensed by the State of New Jersey, Department of Motor Vehicles,
for use upon the public highways, notwithstanding the fact that licensing
of the same in some instances may not be required for operation upon
the public highways.
A snowmobile and any similar sport vehicle which is motor-propelled
and traverses the terrain by means of treads, tracks or the like,
all as contrasted to wheels.
Shall mean all lands in the Borough not defined as public
property or part of the road system.
Shall mean lands owned or leased by the Borough, the County
of Cape May, the State of New Jersey, the Board of Education of the
Borough, or any other equivalent public body, but specifically excluding
therefrom any roadways being used for public transportation and being
part of the accepted road system of the Borough, the County, or the
State.
Shall mean the operator of any motor vehicle who does not hold a special license permitting the operation of a motorcycle on the public highways or the operator of any motorized sportbike who is in violation of subsection 3-10.3b of this section.
[Ord. No. 479-2006 § 1]
It shall be unlawful:
a.
To operate a motorized sportbike or motorcycle, as a licensed or
unlicensed operator, on private property other than with the written
consent of all of the owners of said property. When such written consent
has been obtained, the operator shall keep the same on his person
for display to the authorities. The failure to present such written
consent upon request or demand shall constitute a violation hereunder.
b.
To operate a motorized sportbike or motorcycle on public or private property other than in accordance with the general regulations set forth in subsection 3-10.4 of this section.
c.
To operate a motorized sportbike or motorcycle on public or private
property in such a way as to harass or disturb farm animals, domestic
livestock or wildlife or further to destroy or damage crops, cropland,
soils or vegetation.
d.
To operate a motorized sportbike or motorcycle on public or private
property without the same being in "proper operating condition," which
is hereby defined as the presence of all original operating equipment
specified therefor by the original manufacturer or with the same in
operating condition at least equal to the manufacturer's requirements
for the proper operation thereof or the equivalent thereof.
e.
To operate a motorized sportbike or motorcycle on public or private
property in a careless, reckless or negligent manner so as to endanger
the safety or property of any person or public or private property,
or in such manner as does or is likely to annoy, disturb, injure or
endanger the comfort, repose, health, pace or safety of others. To
this end, no person shall operate such all-terrain or other motor-driven
vehicle, regulated by this section, before the hour of 9:00 a.m. and
after the hour of 9:00 p.m., prevailing time, or sunset, whichever
shall first occur.
[Ord. No. 479-2006 § 1]
The following regulations shall apply to the operation of a
motorized sportbike or motorcycle operated on public or private property,
other than the property of the family of which the operator is a member:
a.
No person operating a motorized sportbike or motorcycle shall carry
any other person, except in a place designated therefor and equipment
therefor as part of the original manufacture for said purpose and
in no event shall a rider be carried on the handlebar thereof.
b.
It shall not be unlawful for any public employee or other party with
an appropriate permit to operate motor vehicles in said locations
for the purpose of maintaining, repairing or doing work upon said
lands for the public good.
c.
This section shall not be applicable to any recognized organization
which has obtained permission from the Borough to use said lands for
the sole purpose of holding organized and supervised rallies, races
and/or meets.
d.
It shall be unlawful for any person to operate any vehicle equipped
with a muffler cutout, muffler bypass or similar device.
[Ord. No. 479-2006 § 1]
Any police officer may, at his or her discretion:
a.
Impound any motorized sportbike or motorcycle operated on public
or private property alleged to be in violation of this section, either
by virtue of its operation and use contrary to the provisions of this
section or by virtue of its operation by an unlicensed operator.
b.
Impound any motorized sportbike or motorcycle operating on the public
roadways in violation of any then-applicable State Statute or any
regulation validly promulgated by any State agency having jurisdiction.
c.
Said period of impoundment shall be from the date of the alleged
violation until the disposition of the alleged offense by such court
of competent jurisdiction as shall hear the same, and the owner thereof
shall pay the reasonable cost of said removal and storage constituting
impoundment, which cost shall be determined by the Court. The Chief
of Police (or the Station Commander as the case may be for New Jersey
State Police) or his designee may authorize early release. Said expense
of impoundment shall be in addition to any other fine or penalty levied
or collected under the terms of this section.
[Ord. No. 479-2006 § 1]
a.
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be punishable by a
fine of not less than $100 nor more than $2,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
b.
In addition to all other penalties, the violation of any provision
of this section shall be subject to abatement summarily by a restraining
order or injunction issued by the court of competent jurisdiction.
[Ord. No. 2 § 1]
No person or persons shall ride any bicycle, tricycle or other
similar vehicles on the sidewalks of these streets or avenues: Washington
Avenue, Adams Avenue and Franklin Street.
[Ord. No. 2 § 2; Ord. No. 26]
No person or persons shall ride any bicycle, tricycle or other
similar vehicles on any of the sidewalks of any of the streets or
avenues of the Borough.
[Ord. No. 2 § 3]
No person or persons shall ride any bicycle, or tricycle or
other similar vehicles, on any of the public streets, avenues, alleys
or ways of the Borough of Woodbine, without having a bell attached
thereto which must be rung at the street crossings; nor shall any
person or persons ride a bicycle, tricycle or other similar vehicles
on any of said streets, avenues, alleys or ways, between one hour
after sunset and one hour before sunrise without having a lighted
lamp so placed on the bicycle, tricycle, or other similar vehicles,
that the lamps will be visible at least 25 feet in front of the rider.
[Ord. No. 2 § 4]
[Ord. No. 252 § 1]
It shall be unlawful to consume, possess or have under one's
control, or openly display, expose or dispense alcoholic beverages,
in either open or closed containers, upon the streets, alleys and
alleyways, side yards, sidewalks, public property or public places,
or in or around any other commercial property to which members of
the public may have access, or in automobiles, motor vehicles or other
means of conveyance, parked upon the streets, alleys, parking lots,
or other places not expressly licensed for the sale and consumption
of such alcoholic beverages.
[Ord. No. 252 § 2]
Nothing contained in this section shall be construed to apply
to the owner or owners of private residential dwellings consuming
alcoholic beverages in or upon their property.
[Ord. No. 252 § 3;
New]
[Ord. No. 203 §§ 1,
2]
As used in this section, the terms "motor vehicle," "motor-drawn
vehicle" and "vehicle" shall be defined as they are defined in the
New Jersey Motor Vehicle Law (N.J.S.A. 39:1-1 et seq.), as the law
now exists or may hereafter be amended. The definitions are presently
as follows:
Shall mean
Any motor vehicle which is mechanically inoperable.
Any motor vehicle or motor-drawn vehicle which does not carry
a current registration, or which lacks one or more tires.
Any street car or railroad car, which is mechanically inoperable
or which is not on a railroad track connected to other railroad tracks
in active use.
Shall mean and include all vehicles propelled otherwise than
by muscular power, excepting such vehicles as run only upon rails
or tracks.
Shall mean and include trailers, semi-trailers or any other
type of vehicle drawn by a motor-driven vehicle.
Shall mean every device in, upon or by which a person or
property is or may be transported upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks.
[Ord. No. 203 § 3]
Except as provided in subsections 3-13.3, 3-13.4 and 3-13.5, it shall be unlawful for any person, firm or corporation, either as owner of any private lands, or as occupant, lessee, tenant, or agent of the owner of any private lands, or as trespasser or other user of private lands, with or without permission, or in any other capacity whatsoever, to store, deposit, place, maintain, accumulate, leave or park or permit to be stored, deposited, placed, maintained, accumulated, left or parked, on any private lands within the Borough any junk vehicle for a period in excess of 48 hours.
[Ord. No. 203 § 4]
Nothing contained herein shall prohibit any person, firm or
corporation from storing a junk vehicle in a fully enclosed garage,
as long as no other law or ordinance is violated thereby.
[Ord. No. 203 § 5]
Nothing contained herein shall prohibit a motor vehicle junkyard,
operating under a valid, current State license and not violating any
other ordinance of this Borough, from storing, maintaining, or accumulating
junk vehicles in the normal course of business provided, however,
that any junk vehicles so stored, maintained, or accumulated, must
be in an enclosure completely surrounded by a solid fence or wall
at least three feet taller than the highest junk vehicle or accumulated
junk vehicles, and in any event in a minimum height of seven feet,
with necessary solid gates.
[Ord. No. 203 § 6]
Nothing contained herein shall prohibit a new or used automobile
or truck dealer, a gasoline service station, a motor vehicle repair
shop, or motor vehicle garage, which is not violating any other ordinance
of this Borough from storing, maintaining, or accumulating junk vehicles
in the normal course of business. Provided, however, that with respect
to the lease or sales operations of a new or used automobile or truck
dealer, only vehicles which are junk vehicles because they do not
carry current registration shall be permitted. Provided further that
with respect to the garage operation of a new or used motor vehicle
or truck dealer, a gasoline service station, a motor vehicle repair
shop, and/or a motor vehicle garage, unless said junk vehicles are
contained within a completely enclosed and roofed building, not more
than five junk vehicles may be stored, maintained or accumulated at
any one time, and no junk vehicle may be stored, maintained or accumulated
for a period in excess of 45 days. Junk vehicles stored, maintained
or accumulated within a completely enclosed and roofed building, on
premises operated as a gasoline service station, a motor vehicle repair
shop, or a motor vehicle garage, may be stored, maintained or accumulated
in any quantity for any period of time. The Borough Council is hereby
authorized to grant permission to a gasoline service station, a motor
vehicle repair shop, or a motor vehicle garage, to store, maintain
or accumulate junk vehicles in excess of five but in no event to exceed
20; on suitable premises, upon compliance with the following provisions:
a.
The applicant shall make written application to the Borough Clerk
for such permission, and in his application shall give the full name
and address of the owner and operator of the business, and the full
name and address of the owner of the premises intended to be used,
an exact description of the premises intended to be used, and the
number of junk vehicles which he is seeking permission to store, which
number shall not exceed 20.
b.
The Code Enforcement Officer shall inspect the proposed premises,
and make a written report to the Borough Council as to the suitability
of the premises for the proposed use. In determining the suitability
of the premises he shall give consideration to the degree of residential
development in the immediate area; the conspicuousness of the proposed
location with respect to highway traffic, pedestrian traffic and nearby
residential and commercial buildings; whether or not the premises
are fenced or land in such a manner as to conceal or partially conceal
the junk vehicles from view; the present volume of applicant's business
in junk vehicles; the degree and necessity of public service rendered
by the applicant; and such other standards and factors as may reasonably
bear upon the public health and welfare.
c.
Upon receiving the written report of the Code Enforcement Officer,
the Borough Council may, by resolution, grant or deny the requested
permission and may put any conditions or modifications on such permission
as are reasonably necessary for the protection of the public health,
safety and welfare. Any person aggrieved by the action of the Borough
Council may apply for a hearing with reference thereto. Such hearing
shall be granted within 30 days of the application therefor upon at
least 10 days' notice to the applicant and to other interested parties.
Any such permission granted may be revoked after public hearing by
resolution of the Borough Council upon 10 days' written notice thereof,
to the holder of the permit, upon a finding that such permission is
not consistent to the health, safety and general welfare of the Borough.
d.
The applicant shall pay a $50 application fee to the Borough Clerk
in connection therewith, which application fee may be modified from
time to time by resolution of the Borough Council.
[Ord. No. 203 § 7]
[Ord. No. 203 § 8]
Ten days' written notice shall be given to the owner of record
and the occupant of any private lands in this Borough directing that
junk vehicles shall be removed. If the junk vehicles are not removed,
then either the Borough Clerk, the Chief of Police or the duly appointed
Health Officer may proceed to remove or direct the removal of same.
In the event the vehicle is removed, it shall be declared to have
been abandoned, and the Borough shall report the taking of the possession
of the vehicle immediately to the Director of Motor Vehicles for verification
of ownership pursuant to N.J.S. 39:10A-1 et seq. If the vehicle is
not claimed within 30 days, and all costs of removal and storage paid,
the vehicle may be sold by the Borough at public auction pursuant
to the requirements of N.J.S. 39:10A-1 et seq.
[Ord. No. 203 § 9]
In the event all costs of removal and storage are not paid after removal pursuant to subsection 3-13.7 hereof, the officer taking possession shall certify the cost thereof to the Governing Body, which shall examine the certificate, and if found correct, shall cause the unpaid cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands, and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 203 § 12;
New]
[Ord. No. 10]
It shall be unlawful to hitch any horse or horses or other animals
to shade trees within the Borough of Woodbine.
[Ord. No. 10]
Owner or lessee of all stores or places of business in the Borough
shall place suitable post or posts in front of their stores or places
of business for the hitching of horses or other animals.
[Ord. No. 10; New]
b.
Any owner or owners, lessee or lessees, who shall fail or neglect
to place hitching post or hitching posts as hereinbefore provided,
the Borough Council may place suitable hitching post or hitching posts
in front of the premises of the owner, owners, lessee or lessees so
offending at the cost and expense of the owner or owners, lessee or
lessees, to be recovered in an action of debt before a Court for the
Trial of Small Causes.
[Ord. No. 397-1996 § I]
The following sports equipment is hereby prohibited from being
used in and on any public street, roadway or right-of-way in the Borough:
[Ord. No. 397-1996 § II]
Any person who shall violate any of the terms or provisions
of this section shall, upon conviction thereof, forfeit and pay a
fine of not more than $50 for a first offense and $200 for each subsequent
offense. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
[Ord. No. 414-1997 § I]
The Borough of Woodbine shall permit charitable organizations
as defined in Section III of P.L. 1994, c. 16 (N.J.S.A. 45:17A-20),
to solicit contributions in the roadways and highways of the Borough
of Woodbine in accordance with the provisions contained herein.
[Ord. No. 414-1997 § II]
All charitable organizations herein who wish to solicit contributions
in the roadways and highways of the Borough of Woodbine shall file
a request with the Borough Clerk and the Chairman of the Borough Council
Public Safety Committee (hereinafter referred to as "Director of Public
Safety"), specifying the following information:
a.
Name of organization.
b.
Address of organization.
c.
Telephone number of organization.
d.
Contract person of organization.
e.
Location of proposed charitable solicitation.
f.
Dates and times of proposed charitable solicitation.
g.
If said request involves a county roadway and/or highway, said request
shall include a copy of an authorization from the Cape May County
Board of Chosen Freeholders to permit said charitable solicitation.
h.
If said request involves a state roadway and/or highway, said request
shall include a copy of an authorization from the State of New Jersey
Commissioner of Transportation to permit said charitable solicitation.
i.
List of all proposed safety regulations, safety devices and training
for individuals who shall participate in the charitable solicitation
and/or a report as to the procedures to be used to ensure the safety
of the members of the public who will be traversing the roadways and/or
highways of the Borough of Woodbine.
[Ord. No. 414-1997 § III]
Said request shall be reviewed by the Director of Public Safety
of the Borough of Woodbine and said Director shall make a recommendation
to the Mayor and Council of the Borough of Woodbine as to the relative
aspects of the request, including a review of the location, dates
and times of the request, and a review of the safety procedures and/or
methods to be employed by the said charitable organization. Said Director
of the Public Safety shall thereafter provide a report to the Mayor
and Council of the Borough of Woodbine as to his/her opinion to the
granting, rejecting or modification of any proposed charitable solicitation.
[Ord. No. 414-1997 § IV]
In no event shall any charitable organization requesting authorization
from the Borough of Woodbine for said charitable solicitation use
any individual under the age of 18 years to perform any function or
task associated with the said charitable solicitation in any roadway.
[Ord. No. 414-1997 § V,
VI]
a.
Any charitable organization requesting authorization from the Borough
of Woodbine for said charitable solicitation shall comply with all
of the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L.
1997, Chapter 82, approved April 30, 1997.
b.
This section is adopted pursuant to N.J.S.A. 39:4-60, as amended
by P.L. 1997, Chapter 82, approved April 30, 1997.
[Ord. No. 422-1999 § 1]
As used in this section:
Shall mean and include, but is not limited to mini-bikes,
motor scooters, go carts, swamp buggies, snow mobiles, motorized bicycles,
motorcycles, and any other similar type of motor driven vehicle, but
shall not include motor operated conveyances for physically handicapped
persons.
[Ord. No. 422-1999 § 2]
The operation and/or use of motor driven vehicles shall be prohibited
along the bicycle and pedestrian path located in the Borough of Woodbine
between Grant Avenue and Fidler Hill Road.
[Ord. No. 422-1999 § 3]
Anyone having violated this section shall be subject to imprisonment
in the County jail for a period not exceeding 90 days or the imposition
of a fine not exceeding $1,000, or both.
[Ord. No. 481-2006 § 1]
Shall mean any unauthorized inscription, word, figure, painting
or other defacement that is written, marked, etched, scratched, sprayed,
drawn, painted, or engraved on or otherwise affixed to any surface
of public or private property by any graffiti implement, to the extent
that the graffiti was not authorized in advance by the owner or occupant
of the property, or, despite advance authorization, is otherwise deemed
a public nuisance by the Borough Council.
[Ord. No. 481-2006 § 2]
a.
Defacement. It shall be unlawful for any person to apply graffiti
to any natural or man-made surface on any Borough-owned property or,
without the permission of the owner or occupant, on any non-Borough
owned property.
[Ord. No. 481-2006 § 3]
a.
Fines and Imprisonment. Any person violating this section shall be
punished by a fine of $250 for the first offense; $500 for the second
offense; and $1,000 for each subsequent offense, or by imprisonment
in the County jail for a term not to exceed 60 days, or by both fine
and imprisonment at the discretion of the court.
1.
In the case of a minor, the parents or legal guardian shall be jointly
and severally liable with the minor for payment of all fines.
2.
Failure of the parents or legal guardian to make payment will result
in the filing of a lien on the parents' or legal guardian's property
that includes the fine and administrative costs.
3.
Upon an application and finding of indigence, the court may decline
to order fines against the minor, parents or guardian.
b.
Restitution. In addition to any punishment specified in this section,
the court shall order any violator to make restitution to the victim
for damages or loss caused directly or indirectly by the violator's
offense in the amount or manner determined by the court. In the case
of a minor, the parents or legal guardian shall be ordered jointly
and severally liable with the minor to make the restitution.
[Ord. No. 481-2006 § 4]
a.
The Borough may offer a reward in an amount to be established by
resolution of the Borough Council for information leading to the identification
and apprehension of any person who willfully damages or destroys any
public or private property by the use of graffiti. In the event of
damage to public property, the offender or the parents or legal guardian
of any unemancipated minor must reimburse the Borough for any reward
paid. In the event of multiple contributors of information, the reward
amount shall be divided by the Borough in the manner it shall deem
appropriate.
b.
Claims for rewards under this subsection shall be filed with the
Borough in the manner specified by the Borough Council.
c.
No claim for a reward shall be allowed unless the Borough investigates
and verifies the accuracy of the claim and determines that the requirements
of this subsection have been satisfied.
[Ord. No. 481-2006 § 5]
a.
The existence of graffiti on public or private property in violation
of this section is expressly declared to be a public nuisance and,
therefore, is subject to the removal and abatement provisions specified
in this section.
b.
It is the duty of both the owner of the property to which the graffiti
has been applied and any person who may be in possession or who has
the right to possess such property to at all times keep the property
clear of graffiti.
[Ord. No. 481-2006 § 6]
a.
Removal by the Perpetrator. Any person applying graffiti on public
or private property shall have the duty to remove the graffiti within
24 hours after notice by the Borough or private owner of the property
involved. Such removal shall be done in a manner prescribed by the
Chief of Police, the Director of the Department of Public Works, or
any additional Borough department head, as authorized by the Borough
Council. Any person applying graffiti shall be responsible for the
removal or for the payment of the removal. Failure of any person to
remove graffiti or pay for the removal shall constitute an additional
violation of this section. Where graffiti is applied by an unemancipated
minor, the parents or legal guardian shall also be responsible for
such removal or for the payment for the removal.
b.
Property Owner Responsibility. If graffiti is not removed by the
perpetrator according to paragraph a above, graffiti shall be removed
pursuant to the following provisions:
It is unlawful for any person who is the owner or who has primary
responsibility for control of property or for repair or maintenance
of property in the Borough to permit property that is defaced with
graffiti to remain defaced for a period of 10 days after service by
first class mail of notice of the defacement. The notice shall contain
the following information:
1.
The street address and legal description of the property sufficient
for identification of the property;
2.
A statement that the property is a potential graffiti nuisance property
with a concise description of the conditions leading to the finding;
3.
A statement that the graffiti must be removed within 10 days after
receipt of the notice and that if the graffiti is not abated within
that time the Borough will declare the property to be a public nuisance,
subject to any applicable abatement procedures.
c.
Exceptions to Property Owner Responsibility. The removal requirements
above shall not apply if the property owner or responsible party can
demonstrate that:
1.
The property owner or responsible party has an active program for
the removal of graffiti and has scheduled the removal of the graffiti
as part of that program, in which case it shall be unlawful to permit
such property to remain defaced with graffiti for a period of 15 days
after service by first class mail of notice of the defacement.
d.
Right of Borough to Remove.
1.
Use of Public Funds. Whenever the Borough becomes aware or is notified
and determines that graffiti is located on publicly or privately owned
property viewable from a public or quasi-public place, the Borough
shall be authorized to use public funds for the removal of the graffiti,
or for the painting or repairing of the graffiti, but shall not authorize
or undertake to provide for the painting or repair of any more extensive
an area than that where the graffiti is located, unless the Borough
Code Enforcement Officer determines in writing that a more extensive
area is required to be repainted or repaired in order to avoid an
aesthetic disfigurement to the neighborhood or community, or unless
the property owner or responsible party agrees to pay for the costs
of repainting or repairing the more extensive area.
2.
Right of Entry on Private Property. Prior to entering upon private
property or property owned by a public entity other than the Borough
for the purpose of graffiti removal the Borough shall attempt to secure
the consent of the property owner or responsible party and a release
of the Borough from liability for property damage or personal injury.
If the property owner or responsible party fails to remove the offending
graffiti within the time specified by this section, or if the Borough
has requested consent to remove or paint over the offending graffiti
and the property owner or responsible party has refused consent for
entry on terms acceptable to the Borough and consistent with the terms
of this subsection, the Borough shall commence abatement and cost
recovery proceedings for the graffiti removal according to the provisions
specified below.
e.
Abatement and Cost Recovery Proceedings.
1.
Notice of Due Process Hearing. The Code Enforcement Officer, or his designee serving as the Hearing Officer, shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different from the owner, not less than 48 hours notice of the Borough's intent to hold a due process hearing at which the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. Notice shall be served in the same manner as a summons in a civil action in accordance with subsection 10-5.4 of the Borough Code. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the area in which the property is located pursuant to subsection 10-5.4 of the Borough Code, providing however that publication shall be made not less than 30 days before the scheduled hearing.
2.
Determination of Hearing Officer. The determination of the Hearing
Officer after the due process hearing shall be final and not appealable.
If, after the due process hearing, regardless of the attendance of
the owner or the responsible party or their respective agents, the
Hearing Officer determines that the property contains graffiti viewable
from a public or quasi-public place, the Hearing Officer shall give
written notice in an eradication order that, unless the graffiti is
removed within 10 days, the Borough shall enter upon the property,
cause the removal, paint over (in such color as shall meet with the
approval of the Hearing Officer), or such other eradication thereof
as the Hearing Officer determines appropriate, and shall provide the
owner and the responsible party thereafter with an account of the
costs of the eradication effort on a full cost recovery basis.
3.
Eradication Effort. Not sooner than the time specified in the order
of the Hearing Officer, the Code Enforcement Officer, or his designee,
shall implement the eradication order and shall provide an accounting
to the owner and the responsible party of the costs thereof.
4.
Lien. As to such property where the responsible party is the property
owner, if all or any portion of the assessed eradication charges remain
unpaid after 30 days, the portion thereof that remains unpaid shall
constitute a lien on the property that was the subject of the eradication
effort. The Director of Public Works or the Borough Clerk shall present
a Resolution of Lien to the Borough Council, and upon passage and
adoption thereof, shall cause a certified copy of the lien to be recorded
with the clerk of the County of Cape May.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 483-2006.
As used in this section, the following terms shall have the
meanings indicated:
Shall mean a group of commercial facilities and the abutting
public rights-of-way and public spaces.
Shall mean any premises, property, or facility involving
traffic in goods or furnishing of services for sale or manufacturing.
Banking and other financial institutions;
Dining establishments;
Establishments for providing retail services;
Establishments for providing wholesale services;
Establishments for recreation and entertainment;
Office buildings;
Transportation; warehouses; and
Rental properties.
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition of buildings
or structures.
Shall mean any dismantling, intentional destruction, or removal
of buildings or structures.
Shall mean any work or action necessary to deliver essential
services including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way, or abating life-threatening
conditions.
Shall mean any activity and its related premises, property,
facilities, or equipment involving the fabrication, manufacture, or
production of durable or nondurable goods.
Shall mean any vehicle that is propelled or drawn on land
by an engine or motor.
Shall mean a sound dissipating device or system for abating
the sound of escaping gasses of an internal combustion engine.
Shall mean any building where there are two or more dwelling
units.
Shall mean any sound that:
Endangers the safety or health of any person; or
Disturbs a reasonable person of normal sensitivities; or
Endangers personal or real property.
Is defined in § 3-19.2 hereinbelow.
Occurs at such level and duration as to be or tend to be injurious
to human health or welfare, or which would unreasonably interfere
with the enjoyment of life or property throughout the Borough. In
addition, it shall be defined as any sound that can be detected by
a person using unaided hearing faculties at a distance of 50 feet
from the sound source. For example, if the sound source under investigation
is a portable or personal vehicular sound-amplification or -reproduction
device, the detection of the rhythmic bass component of the music
is sufficient to verify plainly audible sound. A law enforcement officer
need not determine the title, specific words or artist performing
the song.
Shall mean any individual, corporation, company, association,
society, firm, partnership, joint stock company, the state or any
political subdivision, agency or instrumentality of the state.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, or alley that is leased, owned or controlled by a governmental
entity.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity including public
parks.
Shall mean property used for human habitation, including,
but not limited to, private property used for human habitation; commercial
living accommodations and commercial property used for human habitation;
recreational and entertainment property used for human habitation;
and community service property used for human habitation.
a.
General Prohibition. It shall be unlawful for any person to cause
a noise disturbance as defined herein. It shall further be unlawful
for any person to make, continue to make, permit, or cause to be made
or continued, any loud, excessive, unnecessary or unusually loud noise,
or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others or any noise which
any police officer or code enforcement officer in the exercise of
good judgment and discretion, reasonably determines to be unreasonable
due to the nature of the noise, the circumstances under which the
noise is made or maintained and the time of day, within the Borough
of Woodbine. Any such noise as defined herein above occurring between
the hours of 10:00 p.m. and 6:00 a.m. shall be presumed to be an unreasonable
time. Furthermore, it shall be unlawful for any person who has custody
and control of the premises to allow or permit another person to make,
continue, or cause to be made or continued, any loud, excessive, unnecessary
or unusually loud noise, or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others, or any noise which any police officer or code enforcement
officer, in the exercise of good judgment and discretion, reasonably
determines to be unreasonable due to the nature of the noise, the
circumstances under which the noise is made or maintained and the
time of day, within the Borough of Woodbine.
b.
Horns; Signaling Devices. It shall be unlawful for any person to
cause the sounding of any horn or signaling device on any automobile,
motorcycle, streetcar or other vehicle which is unreasonably loud
or harsh; sounds for an unnecessary and/or unreasonable period of
time; is not operated by hand or electricity; is operated by engine
exhaust; or is used when traffic is stopped or slowed for any reason,
on any street or public place of the Borough, or upon private property
if such sounding is likely to disturb the public at large, except
as a danger warning.
c.
Radios; Sound Reproduction Equipment. It shall be unlawful for any
person to cause the use or operation or permit to be played, used
or operated any device or musical instrument or any other device that
emits any music or voice sounds which is capable of receiving, transmitting,
producing or reproducing sound, in such manner which is likely disturb
the peace, quiet and comfort of the neighboring inhabitants or at
any time with louder volume than is necessary for convenient hearing
for the person or person who are in control of the device or instrument
and/or the voluntary listeners thereto. The operation of any such
set, instrument, phonograph, machine or device in such a manner as
to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
d.
Loudspeakers; Amplifiers for Advertising. It shall be unlawful for
any person to cause the use, operation, or permit to be played, used,
or operated any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier, or other machine or device for the producing
or reproducing of sound which is cast upon the public streets for
the purpose of commercial advertising or attracting the attention
of the public to any building or structure.
e.
Yelling; Shouting. It shall be unlawful for any person to yell, shout,
hoot, whistle, or sing on the public streets at any time or place
so as to annoy or disturb the quiet, comfort, or repose of persons
in any office, or in any dwelling or other type of residential property
or any person in the vicinity.
f.
Animals; Birds. It shall be unlawful for any person to keep any animal
or bird which, by causing frequent or long-continued noise, shall
disturb the comfort or repose of any persons in the vicinity.
g.
Exhaust. It shall be unlawful for any person to discharge into the
open air of the exhaust of any internal combustion engine or motor
vehicle except through a muffler or other device which shall effectively
prevent loud or excessive noises therefrom.
h.
Defect in Vehicle. It shall be unlawful for any person to use any
automobile, motorcycle, or vehicle so out of repair, so loaded or
in such manner as to create loud and unnecessary grating, grinding,
rattling or other noise.
i.
It shall be unlawful for any person to cause, suffer, allow or permit
to be made, verbally or mechanically, any noise disturbance as defined
herein.
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;
b.
The emission of sound in the performance of emergency work; or
d.
Noise from municipality-sponsored or -approved celebrations or events
shall be exempt from the provisions of this section.
e.
Noncommercial public speaking and public assembly activities conducted
on any public space or public right-of-way for the purpose of exercising
the First Amendment rights.
f.
The use of bells, chimes, or sound amplifiers emanating from houses
of worship engaged in religious activities.
g.
Borough activities conducted upon public parks, playgrounds, streets
or in public buildings under the permission or authority of Borough
officials, as well as other Borough duties carried out in the normal
course of business.
h.
Construction or demolition carried out during normal working hours
but in no event between the hours of 10:00 p.m. and 6:00 a.m.
i.
Noise emanating from a commercial area or commercial facility during
its regular business hours.
j.
Landscaping of existing and established lawns and gardens at residential
property and/or commercial facilities but in no event between the
hours of 10:00 p.m. and 6:00 a.m.
[Added 7-21-2022 by Ord. No. 607-2022]
An all-terrain vehicle or dirt bike operated on any public street,
highway, or right of way in violation of N.J.S.A. 39:3C-17 poses an
immediate threat to the public health, safety, or welfare, and the
Borough designates such all-terrain vehicles or dirt bikes so operated
as contraband subject to forfeiture pursuant to the provisions of
N.J.S.A. 2C:64, et seq. An all-terrain vehicle or dirt bike so forfeited
pursuant to the provisions of N.J.S.A. 2C:64-1, et seq., as authorized
thereby, shall be disposed of in accordance with the provisions of
N.J.S.A. 2C:64-6 or at the discretion of the Borough Council or such
other agency funding the prosecution.
[Added 7-21-2022 by Ord. No. 608-2022]
Public gas stations shall be prohibited from selling and dispensing gasoline or other type of fuel into the fuel tank of an all-terrain vehicle or dirt bike which is in violation of N.J.S.A. 39:3C-17 and driven to such fueling station under its own power and shall be subject to such penalties as set forth in the Revised General Ordinances of the Borough of Woodbine, Chapter 1, Section 1-5, General Penalty.
It shall be a rebuttable presumption that an all-terrain vehicle
or dirt bike driven to a fueling station and is untagged is a violation
of N.J.S.A. 39:3C-17 and therefore should be refused fuel
