[Ord. #2-1966, § 53-1]
No person shall cause or cause to be made any loud, raucous,
annoying sounds, noise or disturbances so as to disturb the comfort,
peace, quiet and tranquility of the residents of the neighborhood
or of the community.
[Ord. #2-1966, § 53-2; Ord. #18-1974; Ord. #10-1986,
§§ 1 — 2; Ord. #8-2003, § 2; Ord. No. 03-2012]
a.
The doing of any of the following acts as outlined in paragraph b
below, so as to cause any particularly or unnecessarily loud or disturbing
noise shall be deemed to be a detriment to the health and welfare
of residents and shall be deemed to be a violation of this section.
b.
The enumeration of these acts shall not be deemed to be exclusive.
1.
The following acts shall be prohibited when carried on between the
hours of 11:00 p.m. and 8:00 a.m. on any weekday and at any time on
Sunday.
(a)
Playing of any radio, phonograph or other musical instrument
or amplified device so as to allow loud and disturbing sounds to transmit
beyond the bounds of the property from which they emanate.[1]
(b)
Sounding of any horn or other signal device on any motor vehicle
so as to disturb the comfort, peace, quiet and tranquility of the
residents of the neighborhood or of the community.
(c)
Emission of loud and continuing noises from any bird, animal
or other type of household pet.
(d)
Uttering of any loud, offensive, violent, indecent or profane
language.
(e)
Conduct of any commercial enterprise that attracts the general
public and causes continued loud or disturbing noises.
2.
The following acts shall be prohibited when carried on between the
hours of 8:00 p.m. and 8:00 a.m. on any weekday and at any time on
Sunday.
(a)
Use of any mechanical equipment hand-held or otherwise used
in construction, alteration, excavation, etc., that shall emit undue
noise so as to disturb except when required in the public interest.
(b)
The use of power lawn or garden equipment by contractors or
persons other than the owner or occupant of residential property upon
which the power equipment is operated.
(c)
The use of any gasoline-operated chain saws on any property.
(d)
The shouting, ringing of bells and crying of peddlers, hawkers,
vendors, solicitors and canvassers.
(e)
The use of any sound truck, loudspeaker, sound amplifier or
other such instrument.
(f)
The pickup or delivery of material of any nature to any commercial
or residential property other than delivery of consumer items to a
commercial or residential property such as newspapers, delivery food
service, milk deliveries and pharmaceutical deliveries, etc.
3.
The following acts shall be prohibited when carried on between the
hours of 8:00 p.m. and 8:00 a.m. on any weekday and shall also be
prohibited prior to the hour of 10:00 a.m. on Sunday and after the
hour of 5:00 p.m. on Sunday.
(a)
The use of power lawn or garden equipment when operated by the
owner or occupant of residential property upon which the power equipment
is operated.
4.
Nothing contained herein shall prohibit the use of power lawn or
garden equipment on a golf course by the owner, its employees or a
contractor employed by the owner between the hours of 7:00 a.m. and
8:00 p.m. on any day of the week.
[Ord. #2-1966, § 53-3]
a.
Nothing herein contained shall be construed to apply to church bells
or chimes.
b.
The playing by a band or orchestra in a hall or building or in the
open air shall be permissible by special permit to be granted by the
Mayor and Council. Such permit shall be issued for a period of time,
but not to exceed one year at no cost to the applicant.
[Ord. #19-1973]
As used in this section:
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind but does not mean or include any
employee or administrator of the United States Postal Service.
Shall mean any dwelling, house, building or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, including any yard, grounds, wall, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Shall mean and include any and all streets, boulevards, avenues,
lanes, roads, alleys or other public ways and parts thereof, and any
and all public parks, squares, spaces, playgrounds and buildings and
parts thereof.
Where required for appropriate meaning, words singular in
form may include the plural; words plural in form may include the
singular; and words in the masculine gender may include the feminine
and neuter genders.
[Ord. #19-1973]
It shall be a violation of this section for any person to:
a.
Distribute, cast, throw or otherwise place any newspaper, magazine,
handbill, pamphlet, circular, dodger or any other paper of a commercial
nature or otherwise on any private residential property within the
Borough without the express consent of the owner or an adult occupant
of such private residential property, or on any public property or
place within the Borough without the express consent of the governing
body of the Borough or its designee.
b.
Direct or otherwise, in the capacity of employer, supervisor or otherwise,
any other person to violate the provisions of this section.
[Ord. #19-1973]
Each violation of the terms of this section, whether the same
shall occur on the same day or on succeeding days, shall be deemed
to be an individual violation hereof.
[Ord. #2-1966, § 76-1]
The owner or tenant of lands lying in the Borough is hereby
required, where it shall be necessary and expedient for the preservation
of the public health, safety, general welfare, or to eliminate a fire
hazard, to remove from such lands brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths and filth, garbage, trash and debris.
[Ord. #2-1966, § 63-11; New]
No person shall permit weeds, wild vines, briars, or grass over
one foot in height to grow or stand on any premises within 100 feet
of any dwelling, boarding house or hotel or on any land not held on
an acreage or farmland basis.
[Ord. #2-1966, § 76-2]
Whenever the Mayor and Council shall deem it necessary and expedient
for the preservation of the public health, safety, general welfare,
or to eliminate a fire hazard, to remove from any lands brush, weeds,
dead or dying trees, stumps, roots, obnoxious growths and filth, garbage,
trash and debris, it shall cause notice thereof to be given to the
owner or tenant of such lands, which shall require the owner or tenant
to provide for the removal thereof within 10 days. Such notice may
be by personal services or by registered mail to the last known address
of the owner of the lands. In the event the condition is not abated
within a ten-day period or where the owner or tenant shall have refused
or neglected to remove same in the manner and within the time above
provided, it shall be lawful for the same to be removed by or under
the direction of the Borough Superintendent.
[Ord. #2-1966, § 76-3]
In all cases where brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths and filth, garbage, trash and debris are
removed from any lands by virtue of this section by or under the direction
of the Borough Superintendent, the Superintendent shall certify the
cost thereof to the governing body and, if found correct, shall cause
the costs to be charged against the lands and the amount so charged
shall become a lien upon such lands and shall be added to the taxes
to be assessed and levied upon such lands, to bear interest at the
same rate as taxes, and shall be collected and enforced in the same
manner as taxes.
[Ord. #2-1966, § 76-4]
Any owner or tenant of any lands who shall refuse or neglect
to remove such brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths and filth, garbage, trash and debris, in accordance
with the aforesaid notice, shall be guilty of a violation of this
section.
[Ord. #2-1966, § 26-1]
No person shall place, deposit or permit or suffer to be placed
or deposited in or upon any street or in or upon any public or private
property, any dead animal or any part thereof, or any paper or waste
matter, or any trash or any house or kitchen slops, or garbage or
manure, or sweepings, or any foul or offensive or noxious matter or
substance whatsoever.
[Ord. #6-1968; New]
At any intersection where poor or limited visibility results
from a growth of shrubbery or other plant life, the owner of the premises
shall be required to trim the same to a maximum height of 2 1/2
feet from the ground level, within a sight triangle measuring 25 feet
from the corner in each street direction.
[Ord. #16-1973]
As used in this section:
Shall mean a device having wheels with tires 15 inches or
more in diameter, connected by a frame of metal or wood, and arranged
to be propelled by human power. The term "bicycle" as used in this
section does not include toy bicycles or children's tricycles.
[Ord. #16-1973]
It shall be unlawful for any person residing in the Borough
to ride or use a bicycle unless the bicycle has been registered with
the Police Department and a license obtained therefrom as herein provided.
[Ord. #16-1973]
Application for license plate and registration certificate may
be made to the Police Department. The license plate and the registration
certificate shall be issued by the Police Department as herein provided
for upon receipt of the application, license fee and proof of ownership
of the bicycle. No person shall be issued a license plate and registration
certificate until it is found by examination by the Police Department
that the bicycle is in a safe mechanical condition to operate, that
the applicant has the ability to operate the bicycle and that he has
a knowledge of the rules and regulations promulgated by the Police
Department as to the operation of bicycles in the Borough. Licenses
shall run for the issuing year from August 1 to July 31, and all licenses
shall expire on July 31. The license issued by the Police Department
shall be attached to the bicycle in a manner prescribed by the Police
Department and, together with the registration certificate issued
to the owner, shall be subject to inspection by any member of the
Police Department.
[Ord. #16-1973]
It shall be unlawful for any person, firm, partnership or corporation
to willfully or maliciously remove, destroy, mutilate or alter the
number of any bicycle frame licensed pursuant to this section. It
shall also be unlawful for any person, firm, partnership or corporation
to remove, destroy, mutilate or alter any license plate, seal or registration
card which is operative; provided, however, that nothing in this section
shall prohibit the Police Department from stamping on the frame of
bicycles on which no serial number can be found or on which the number
is illegible, for identification purposes. The Police Department may
also stamp upon the frame of any bicycle registered a number which
shall be the secret number of the Police Department, if so required,
in the administration of this section to prevent bicycle larceny and
to recover stolen bicycles.
a.
Every person operating a bicycle shall operate the bicycle with due
regard for the safety of other persons and vehicles lawfully upon
the streets, highways, parkways and public places, as well as for
his own or her safety, and shall, under all conditions, yield the
right-of-way to pedestrians on the streets, highways, parkways, public
places and on the crosswalks.
b.
Every person operating a bicycle shall comply with all vehicle traffic
laws which apply to bicycles and all vehicle traffic signs and signals
erected for the regulation of traffic.
c.
Every bicycle when in use at nighttime shall be equipped with a lamp
on the front which shall emit a white light visible from a distance
of at least 500 feet to the front and with a lamp on the rear which
shall emit a red light visible from a distance of at least 500 feet
to the rear. In addition to the red lamp, a red reflector may be mounted
on the rear, of a type approved by the motor vehicle division, which
shall be visible from all distances from 50 feet to 300 feet to the
rear when directly in front of lawful upper beams of head lamps on
a motor vehicle.
d.
No person shall operate a bicycle unless it is equipped with a bell
or other device capable of giving a signal audible for a distance
of at least 100 feet, except that a bicycle shall not be equipped
with nor shall any person use upon a bicycle any siren or whistle.
e.
Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheel skid on dry, level, clean pavement.
f.
A person propelling or riding on a bicycle shall not ride other than
upon or astride a permanent and regular seat attached thereto, nor
shall be ride with his feet removed from the pedals, or with both
hands removed from the handlebars, nor shall be practice any trick
or fancy riding in the street. No bicycle shall be used to carry more
persons at one time than the number for which it is designed and equipped.
g.
No person riding upon any bicycle shall attach the same or himself
to any vehicle upon a roadway, and no operator of any vehicle shall
knowingly allow any person riding upon any bicycle to attach the same
or himself to the vehicle.
h.
Before turning or changing the direction of any bicycle upon any
street, highway, parkway or public place, it shall be the duty of
the bicycle rider to give a signal, by the extension of the hand,
to indicate the direction it is the intention to proceed.
i.
Every rider of a bicycle shall obey all traffic regulations as established
by Title 39:4-1 et seq. of the New Jersey Revised Statutes 1947 and
the amendments thereto and supplements thereof, and all regulations
passed by the Borough as to the regulations of traffic on stop streets,
one-way streets and through streets.
[Ord. #16-1973]
a.
Any person, under the age of 18 years, who violates any of the vehicle
traffic laws or the bicycle provisions of this section relating to
safe riding rules and regulations and the official police instructions
for the safe operation of a bicycle, shall be, for the first offense,
reprimanded in writing by the Police Department, addressed to the
parents or guardian of the offender, stating the nature of the violation
and a warning that a repetition of the violation or any other violation
must be prevented by the parents or guardian, or the offender's registration
certificate will be suspended for a period of time at the discretion
of the Police Department, and during that period of time the offender
cannot ride his or her bicycle on the streets. On the second offense,
the license shall be revoked and the registration tag shall be removed
from the bicycle.
b.
Any person 18 years of age or older violating any of the provisions
of this section shall, upon conviction thereof, in addition to the
suspension or revocation of such license as herein mentioned, be punished
by the payment of a fine not to exceed $25 or by imprisonment for
a term not to exceed 10 days, or by both such fine and imprisonment.
[Ord. #2-1966, § 63-10]
No person over the age of 12 years shall propel, drive or otherwise
move any bicycle, tricycle or other machine or vehicle upon any sidewalk,
except at a driveway.
[Ord. #12-1974]
Games of chance commonly known as "bingo" and "raffles," as provided by Laws of the State of New Jersey, 1954, Chapters 5 and 6, may be conducted in the Borough on the first day of the week commonly known and designated as "Sunday," provided that the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned statutes of the State of New Jersey and the rules and regulations of the Legalized Games of Chance Control Commission and, specifically, provided that the organization conducting the game is a charitable, religious or other organization specifically qualifying under the provisions of the aforementioned statutes.
[Ord. No. 2013-01]
The authority to approve the granting of raffle and bingo licenses
in accordance with the Rules of Legalized Games of Chance, N.J.A.C.
13:47-1.1 is hereby delegated to the Borough Clerk.
[Ord. #12-1970; New]
No person shall sleep in any parked vehicle in any location
in the Borough.
[Ord. #12-1966; § 63-8]
No person shall cut down, destroy, break or in any manner injure
any shade tree or decorative shrub or plant standing in or upon any
highway or other public place.
[Ord. #17-1988, § 1]
In accordance with and pursuant to the authority of L. 1988,
c. 44 (C. 2C:35-7), the drug-free school zone map produced on or about
January 1, 1988, by Leon S. Avakian, PE. 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.
[Ord. #17-1988, § 2]
The drug-free school zone map approved and adopted pursuant to subsection 3-11.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned 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. #17-1988, § 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 Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or school board and which is
used for school purposes.
[Ord. #17-1988, § 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 3-11.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this Section shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.
[Ord. #17-1988, § 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 3-11.1 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 and secondary schools within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such school 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 1,000
feet of such school property.
b.
[Except as is otherwise expressly noted on the face of the approved
and adopted map,] all of the property depicted on the map approved
and adopted herein as school property was owned by [or leased to]
a school or school board and was being used for school purposes as
of July 9, 1987, that being the effective date of L. 1987, c. 101
(C. 2C:35-7).
c.
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 3-11.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, 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. #2-1990, § 1]
This section is adopted for the preservation of the public health,
welfare and safety in that old or deteriorating motor vehicles not
currently in use for transportation and not currently licensed or
registered on any public streets or on any public or private lands
within the Borough are not merely unsightly but are attractive to
young children who may be injured when playing in the neighborhood,
and also breed disease when becoming infested with vermin and trapping
foul water. It is the objective of this section to remove the causes
of such effects.
[Ord. #2-1990, § 1]
As used in this section:
Shall mean any building in which a motor vehicle is or may
be stored.
Shall mean all property other than public.
Shall mean all property devoted to public use including those
whereon public buildings are erected and all streets, roads or highways
however designated.
Shall mean a machine propelled by other than human power,
designed to travel along the ground by use of wheels, treads, runners
or slides, and to transport persons, or property, or pull machinery,
including but not by way of limitation, an automobile, truck, trailer,
motorcycle or tractor.
[Ord. #2-1990, § 1]
Any motor vehicle parked or placed on public or private lands
and not within a garage shall be deemed an abandoned motor vehicle,
whether the motor vehicle is licensed or unlicensed, if: (a) it is
not currently registered; or (b) it does not bear proper registration
plates or tags; or (c) it does not display a current motor vehicle
inspection sticker of the state in which it is registered. No person
in charge or control of property within the Borough whether as owner,
tenant, occupant, lessee, or otherwise, shall allow an abandoned motor
vehicle or any vehicle which is partially dismantled, wrecked or junked
to remain on the property longer than 48 hours; and no person shall
leave such vehicles on any property within the Borough for a longer
time than 48 hours. This subsection shall not apply to a vehicle in
an enclosed garage or building; a vehicle on the premises of a business
enterprise operated in a lawful place and manner, when necessary to
the operation of the business enterprises; or a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner
by the Borough.
[Ord. #2-1990, § 1]
a.
The Police Department shall take possession of any abandoned motor
vehicle which is in violation of this section.
b.
Upon taking possession of an abandoned motor vehicle, the Chief of
Police shall cause an immediate report thereof to be made to the Director
of Motor Vehicles and as provided by N.J.S.A. 39:10-1 et seq., shall
cause notice and advertisement of sale of the motor vehicle to be
made and otherwise perform the statutory requirements.
c.
Upon the owner or person entitled to possession of an abandoned motor
vehicle reclaiming possession thereof, such owner or other person
shall pay all reasonable costs incurred in connection with such taking
possession in order to be entitled to recover such motor vehicle.
d.
If such vehicle is not claimed by the owner or other person entitled
thereto or if the costs of removal and storage and fine and court
costs, if any, remain unpaid, the Chief of Police shall cause the
motor vehicle to be sold or disposed of as provided by N.J.S.A. 39:10A-1
et seq. The minimum holding period set forth in N.J.S.A. 39:10A-1b
shall be complied with prior to any public sale.
e.
Upon taking possession of an abandoned motor vehicle the Chief of
Police, or any member of the Police Department acting for him, shall
notify the registered and legal owner in writing by personal service
or by certified mail, at the last known address of the owner, of the
removal of the vehicle, the reason for the removal and the location
of the vehicle.
[Ord. #2-1990, § 1]
a.
Any person who violates the provisions of this section shall, in addition to such other penalties as may be prescribed, pay all costs of removal, impoundment and sale not paid for out of the proceeds of the sale mentioned in subsection 3-12.4d above, and in the event that the violator is a property owner the costs and fines and penalties as may be levied in accordance with this section shall become a lien upon said property in accordance with law and be collected in the manner ascribed and established for the collection of liens.
b.
Any person who violates any provision of this section shall, upon conviction, be subject to the General Penalty established in Section 1-5 of this Code.
c.
A continuance of a violation or noncompliance with the provisions
of this section shall be deemed a nuisance, and the Borough shall
have the right to apply to the courts of this State for injunctive
relief or other relief in addition to the penalties provided for herein.
[Ord. #3-1996, § 1]
In view of the indiscriminate sales of cigarettes to minors
by automatic vending machines, all cigarette vending machines are
hereby prohibited in the Borough.
[Ord. #3-1996, § 1]
Any person owning, operating, renting or permitting the use
of a cigarette vending machine on premises under his control shall
be subject to a fine of $250. Each day on which such a machine is
owned, operated, rented or permitted on the premises, shall result
in an additional fine.
[Ord. #8-1996, § 1]
No person shall loiter, sit, lounge, idly stand, or sleep in
or on the highways, or other public places after being requested or
commanded by an officer to move on, disperse or leave, or being under
the influence of intoxicating liquor or in an intoxicated condition,
shall loiter, be upon or assemble upon the highways or other public
places, or shall indulge in and utter loud, offensive, indecent or
profane language, or address or make audible and offensive remarks
or comments upon or to any person passing along or being on or in
any public conveyance, or shall obstruct or interfere with any person
or persons lawfully being on or upon any highway or other public place
or conveyance.
[Ord. #8-1996, § 1]
No person shall go about from door to door, or being on the highway or other public place, accost or annoy any person by begging or soliciting; nor shall wander abroad and lodge in uninhabited buildings or other places and not give a good account of himself. This section shall not affect any person or persons duly licensed by the State of New Jersey to engage in the pursuit of his or their business in the Borough or any person who complies with Section 4-2 of these Revised General Ordinances of the Borough of Spring Lake Heights.
[Ord. #8-1996, § 1]
No person shall revel, quarrel, brawl, or otherwise misbehave
in a disorderly manner to the disturbance or annoyance of the peaceful
inhabitants of the Borough or be guilty of any other disorderly conduct
in or on a highway or other public place.
[Ord. #8-1996, § 1]
No person shall willfully disquiet or disturb any public meeting
or any assembly for religious worship, either by making loud noises,
or rude or indecent behavior or profane talking, whether in the meeting
or in the immediate neighborhood of the same.
[Ord. #8-1996, § 1]
No person shall solicit or importune persons upon a highway
or in other public places to become patrons for any mercantile business
in a persistent or annoying manner.
[Ord. #8-1996 § 1]
No person shall maliciously destroy, damage or mutilate any
property.
[Ord. #8-1996, § 1]
No person shall discharge, fire, set off, use or carry any slingshot,
air gun, pistol, revolver, gun, other firearm, firecracker or fireworks
within the Borough at any time.
[Ord. #8-1996, § 1]
No person shall build or maintain any bonfires, or burn grass,
brush or other material or thing at any location within the Borough.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 8-1996.
[Ord. #2-2004, § 1]
a.
No person shall consume any alcoholic beverages within the limits
of the Borough of Spring Lake Heights nor have in his or her possession
any opened alcoholic beverage container with unconsumed alcoholic
beverage therein:
1.
While in or on a public street, lane, roadway, avenue, sidewalk,
public parking place, park, playground, recreation area, school grounds
or any other public or quasi-public place open to the public or in
any public conveyance.
2.
While in a private motor vehicle while the same is in motion or parked
in any public street, lane or public parking lot, or other public
or quasi-public place.
3.
While upon any private property not his own without the express permission
of the owner or other person having authority to grant such permission.
b.
Exception for Special Events. Notwithstanding the provisions of subsection 3-22.1a, the Mayor and Council of the Borough of Spring Lake Heights may, by resolution, issue a permit for the possession or consumption of alcoholic beverages in any designated park or other public or quasi-public place under its jurisdiction at the designated time or times in connection with a special event which shall have been authorized by the Mayor and Council, except that with respect to school grounds, the Board of Education shall have authority as to the issuance of any such permit for a special event.
c.
Discarding Containers Prohibited. No person within the limits of
the Borough of Spring Lake Heights shall discard alcoholic beverage
containers upon any public street, lane, roadway, avenue, sidewalk,
public parking lot or place, park, playground, recreation area, school
grounds or any other public or quasi-public place open to the public
or in any public conveyance or upon any private property not his or
her own without the express permission of the owner.
[Ord. #2-2004, § 1]
a.
Prohibitions.
1.
Public Places. No person shall offer or serve any alcoholic beverage
to a person under legal age in any public or quasi-public place within
the Borough of Spring Lake Heights. No person who has ownership or
control of any premises, whether public or quasi-public, or having
supervision of any event, shall permit, suffer or allow the consumption
of any alcoholic beverage by a person under the legal age in or upon
any such premises or at any such event within the Borough of Spring
Lake Heights.
2.
Private Property. No person shall knowingly permit, suffer or allow
anyone under the legal age to, without legal authority, possess or
consume an alcoholic beverage on private property.
3.
Exceptions. Subsection 3-22.2a shall not prohibit a person to permit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage on private property in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
b.
Purchase of Alcoholic Beverages for Underage Persons. No person shall
purchase or attempt to purchase alcoholic beverages for a person under
the legal age for purchasing alcoholic beverages.
[Ord. #2-2004, § 1]
a.
It is hereby unlawful for any person under the legal age to, without
legal authority, knowingly possess or knowingly consume an alcoholic
beverage on private property.
b.
Violations and Penalties.
1.
Any person found guilty of violating the terms of subsection 3-22.3a shall be subject to a fine of $250 for a first offense and a fine of $350 for any subsequent offense. In addition, the Court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or postpone for up to six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of up to six months after the person reaches the age of 17 years. If the defendant at the time of the imposition of the sentence has a valid driver's license issued by this State, the Court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
2.
The Court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. The defendant shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
3.
If the person convicted under this section is not a New Jersey resident,
the Court shall suspend or postpone, as appropriate, the nonresident
driving privilege of the person based on the age of the person and
submit to the Division the required report. The Court shall not collect
the license of a nonresident convicted under this section. Upon receipt
of a report by the Court, the Division shall notify the appropriate
officials in the licensing jurisdiction of the suspension or postponement.
c.
Exceptions.
1.
Subsection 3-22.3a shall not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
2.
Subsection 3-22.3a shall not prohibit the possession of alcoholic beverages by any underaged person while actually engaged in the performance of employment by a person who was licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81 or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
d.
GUARDIAN
RELATIVE
Definitions.
As used in Section 3-22, the following terms shall have the meanings indicated:
Shall mean a person who has qualified as a guardian of the
underage person pursuant to a testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[Ord. #8-1996, § 1]
No person shall exhibit him or herself in any indecent, immodest,
obscene or vulgar manner where a person's genitals may be exposed
to public view, nor shall any person make any indecent or lewd exposure
of themselves or act in any immodest, indecent or lewd manner or utter
lewd or indecent words. No person shall urinate or defecate or attempt
to urinate or defecate, nor shall any person expose their genitals
for the purpose of urinating or defecating in any public street, sidewalk,
public grounds, semi-public grounds, or on any private property not
specifically designed as a lavatory, properly enclosed from public
view and designed for the purpose of urinating or defecating.
[1]
Editor's Note: Prior source history includes Ord. No. 19-2003
and Ord. No. 06-2011.
[Ord. No. 08-2011 § 1]
As used in this section:
Shall mean Borough of Spring Lake Heights.
Shall mean any person who drives a taxi/autocab within this
Borough.
Shall consist of transporting in such taxi/autocab of one
or more persons for hire. A taxi/autocab which is operated or run,
over any of the streets within the Borough, to seek or accept passengers
for transportation from points or places to points or places within
or outside the Borough or which transports a passenger or passengers
from outside the Borough into the Borough for discharge shall be deemed
to be operation of a taxi/autocab within the Borough. A taxi/autocab
parked or idling on a Borough street or accepting any passenger for
hire from a point of departure within the Borough shall be deemed
to be operation. Operation of a taxi/autocab by one other than the
owner shall be deemed operation by the owner, as well as operation
by the person actually driving the taxi/autocab. The transportation
in or through the Borough of any person other than the owner or driver
of any motor vehicle bearing signs therein or thereon using the words
taxi, taxicab, jitney, car service, livery, hack, dial a ride, call
a ride, transport, transport vehicle, car service or transportation
shall be prima facie evidence of operation.
Shall mean any person, corporation, business entity or association
in whose name title to any taxi/autocab is registered with the New
Jersey Motor Vehicle Commission, or who appears in any governmental
records to be the conditional vendee or licensee thereof.
Means and includes any individual, co-partnership, limited
liability company, association, corporation or joint stock company,
their lessees, trustees or receivers appointed by any court whatsoever.
Shall mean and include any autocab, automobile, van, motor
car or autobus with a seating capacity of not more than 14 passengers
not including the driver, any vehicles commonly called taxi, taxicab,
cab or car service, that are engaged in the business of carrying passengers
for hire, which is held out, announced or advertised to operate or
run, or which is operated or run, over any of the streets within the
Borough and which accepts or discharges passengers for transportation
from points or places to points or places within or outside the Borough.
[Ord. No. 08-2011 § 2]
No person or corporation shall hire out, keep, or use for hire
or compensation any taxi/autocab within the Borough unless both the
taxi/autocab and the driver thereof are licensed in the Borough in
accordance with this section and said person or corporation conforms
to all other laws and regulations of the State of New Jersey.
[Ord. No. 08-2011 § 3]
All taxi/autocab owners, or operators of taxi/autocabs, operating
a taxi/autocab within the Borough shall be licensed in accordance
with the provisions of this section.
There are hereby established two classes of taxi/autocab license
in the Borough as follows:
a.
Taxi/Autocab Driver's License. The Taxi/Autocab driver's license
shall entitle the individual named therein to operate within this
Borough any taxi/autocab duly licensed hereunder. Such license may
only be issued in the name of an individual and not in the name of
a business entity.
b.
Taxi/Autocab Owner's License. The Taxi/Autocab owner's license shall
entitle the vehicle therein listed and described to be used as a taxi/autocab
and operated in this Borough by a driver duly licensed hereunder.
[Ord. No. 08-2011 § 4]
a.
Taxi/Autocab Driver's Licenses. The number of taxi/autocab driver's
licenses under this section to be issued and outstanding in any one
year shall be unlimited.
b.
Taxi/Autocab Owner's Licenses. The number of taxi/autocab owner's
licenses under this section to be issued and outstanding in any one
year shall not exceed 15 unless the Mayor and Council by resolution
approve additional licenses.[1]
[1]
Editor's Note: Under N.J.S.A. 48:16-2.1, the number of licenses
shall be established by ordinance.
c.
Number of Taxicabs Per Owner's License. The holder of a Taxicab Owner's
License under this section shall be permitted to obtain a license
for up to (15) individual taxicabs. The license issued for an individual
taxicab is only for that specific taxicab and shall not be transferred
to another taxicab.
[Ord. No. 08-2011 § 5]
a.
Any license issued pursuant to this section shall expire at midnight
of the 31st day of December of the year in which it was issued and
shall not be transferable.
b.
Applications for Taxicab owner's license renewals shall be filed
with the Borough Clerk's Office no sooner than November 1 and no later
than December 15 of the year preceding the year for which the application
is being made. All applications for renewals shall be considered in
the order of their filing with the Borough Clerk's Office on first
come/first serve basis. Any application for renewal received after
December 15 of any year shall be treated as an application for a new
license.
[Ord. No. 08-2011 § 6]
a.
Application Form. Each applicant for the issuance or renewal of a
license of either class shall supply, in full, the information requested
on application forms approved by the Borough Administrator and/or
the Borough Clerk and obtained from the Borough Clerk, and shall verify
the correctness thereof by certification. The completed application
must be filed with the Borough Clerk, together with the fee hereinafter
fixed.
1.
Applications for Taxi/Autocab Owner's License. Applications for taxi/autocab
owner's licenses shall be filed with the Borough Clerk at any time,
but no taxi/autocab shall be operated in the Borough until licensed
in accordance with this section each year.
(a)
Requirements for Taxi/Autocab Owner's License. Each applicant
must meet the following requirements:
(1)
Be of the age of 21 years, or over.
(2)
Has not been convicted of a crime, and has not violated any
provision of this section.
(3)
Complete an application form provided by the Borough Clerk giving
the applicant's full name, residence, places of residence for the
preceding five years, age, date of birth, height, weight, color of
eyes and hair, marital status, driver's license number, number of
years driving, place of birth, length of time the applicant has resided
in the United States, citizenship information, military service information,
present and former employment, present or past municipal license information,
whether the applicant has ever been charged with, arrested or convicted
of a crime or other violation of law or of a violation of this section
and if so, the date, what, where and the disposition, whether or not
the applicant's driver's license has ever been revoked and, if so,
for what cause, which statement shall be signed and sworn to or certified
by the applicant and filed with the Borough Clerk as a permanent record.
The applicant shall also furnish four copies of color photographs
size two inches by two inches, front view, in such position as may
be prescribed, taken within 30 days preceding the filing of the application.
(4)
Each applicant must provide a full physical address including
building/house number, street name, city, state and zip code. Post
Office Boxes shall not be sufficient. Notice by the Borough in connection
with this section to any Taxi/Autocab Owner's License holder shall
be effective upon the Borough's mailing of the notice by regular mail
to the address provided in the application unless the license holder
notifies the Borough of a change of address to another physical location
(post office boxes not acceptable) and the Borough acknowledges in
writing receipt of such change of address.
(5)
The applicant shall be required to consent to and submit to
a state and federal criminal history check, either by fingerprinting
or live scan through the Borough's vendor, at the Borough's sole discretion
and at the cost and expense of the applicant. In the event an applicant
holds a current New Jersey commercial driver's license with a "P"
or an "S" endorsement, and the applicant provides a copy of the applicant's
fingerprint background results obtained during the CDL application
process that are less than one year old at the time of the application,
the Borough may waive the requirement to submit to fingerprinting.
(6)
Insurance.
(i)
Principal place of business located within Borough.
Each applicant for a taxi/autocab owner's license shall, together
with the application, submit the insurance policy required by N.J.S.A.
48:16 3 et seq., covering the taxi/autocab sought to be licensed;
and each applicant shall then and thereafter comply with all of the
provisions of N.J.S.A. 48:16-1 et seq., as well as the acts amendatory
thereof or supplemental thereto.
(ii)
Principal Place of Business outside Borough.
Each applicant must file a duplicate autocab insurance certificate
issued pursuant to N.J.S.A. 48:16-7 by the Clerk of the municipality
within which the owner's principal place of business is located. A
photocopy is not acceptable and the applicant must provide the original
duplicate certificate as issued by the Clerk.
(iii)
The applicant must submit proof that the duplicate
certificate shall be filed with the Motor Vehicle Commission before
any such car is licensed as a taxi/autocab.
(iv)
Amount of Coverage. Minimum acceptable insurance
liability limit is as follows: Combined single limit coverage: $50,000.
[a]
The policy shall provide coverage for every driver
of each vehicle listed in the policy, and the acceptance of the policy
by the Borough and the issuance of the license by the Borough shall
constitute an agreement by and between the applicant and the Borough
that the applicant holds and saves harmless the Borough from any and
all claims from damages arising out of personal injury and/or property
damage made by third parties as the result of the issuance of the
license and the operation of the taxi/autocab.
[b]
In the event the policy is cancelled for any reason,
a notice of such action must be delivered to the Borough Clerk 20
days prior to the effective date by the insurance company providing
coverage to the owner. It shall be the owner's responsibility to ensure
that the insurance company is noticed of and complies with this requirement.
(7)
Inspections. Vehicles covered by this section may be subjected
prior to licensing to inspection by a Borough vendor or representatives
of the Borough Police Department to determine the condition and fitness
of the vehicle for the transportation of passengers. Any such inspection
is at the Borough's sole discretion and at the cost and expense of
the applicant.
2.
Applications for taxi/autocab driver's licenses. Applications for
taxi/autocab driver's licenses may be made at any time, but no one
shall drive or operate a taxi/autocab in the Borough until licensed
in accordance with this section each year.
(a)
Requirements for taxi/autocab driver's license. Each applicant
for a taxi/autocab driver's license must meet the following requirements:
(1)
Be of the age of 21 years, or over.
(2)
Possess a valid New Jersey driver's license.
(3)
Submit a completed certificate on forms provided by the Borough
from a reputable physician stating that the applicant has been examined
within 60 days of the date of the application and is fit for the safe
operation of a taxi/autocab.
(4)
Has not been convicted of a crime, and has not violated any
provision of this section.
(5)
Is not a habitual user of liquors to the point of impairment
or a habitual user of narcotic drugs or other controlled substances
other than as lawfully prescribed.
(6)
Complete an application form provided by the Borough Clerk giving
the applicant's full name, residence, places of residence for the
preceding five years, age, date of birth, height, weight, color of
eyes and hair, marital status, driver's license number, number of
years driving, place of birth, length of time the applicant has resided
in the United States, citizenship information, military service information,
present and former employment, present or past municipal license information,
whether the applicant has ever been charged with, arrested or convicted
of a crime or other violation of law or of a violation of this chapter
and if so, the date, what, where and the disposition, whether or not
the applicant's driver's license has ever been revoked and, if so,
for what cause, which statement shall be signed and sworn to or certified
by the applicant and filed with the Borough Clerk as a permanent record.
The applicant shall also furnish four copies of color photographs
(size two inches by two inches), front view, in such position as may
be prescribed, taken within 30 days preceding the filing of the application.
(7)
The applicant shall be required to consent to and submit to
a state and federal criminal history check, either by fingerprinting
or live scan through the Borough's vendor, at the Borough's sole discretion
and at the cost and expense of the applicant. In the event an applicant
holds a current New Jersey commercial drivers license with a "P" or
an "S" endorsement, and the applicant provides a copy of the applicant's
fingerprint background results obtained during the CDL application
process that are less than one year old at the time of the application,
the Borough may waive the requirement to submit to fingerprinting.
(8)
The applicant shall be required to consent to and submit to
a motor vehicle history inquiry, either through the Borough Police
Department or the Borough's vendor, at the Borough's sole discretion
and at the cost and expense of the applicant.
(9)
The applicant is able to speak and understand the English language.
[Ord. No. 08-2011 § 7]
a.
Upon notification by the Borough Clerk of satisfactory fulfillment
of the foregoing requirements, the Mayor and Council shall either
grant or deny the license application, unless the Governing Body returns
or holds over the application for further investigation.
b.
Each applicant approved under this section shall be issued a license
as evidence thereof in a form approved by the Mayor and Council, and
signed by the Borough Clerk on behalf of the Mayor and Council.
c.
Upon approval of any such application, the Borough, at its sole option,
may process the license or in the alternative may require the applicant
to travel to a Borough vendor to process the taxi/autocab driver's
license and or the taxi/autocab owner's license. Any costs related
to the processing of the license, including but not limited to the
issuance of a photo license shall be the responsibility of the license
holder.
[Ord. No. 08-2011 § 8]
a.
The annual fee for each taxi/autocab owner's license hereafter issued,
or any renewal thereof, shall be $350 for from one to up to five taxi/autocabs
licensed for each year, or portion of a year. (Any additional taxi/autocabs
registered to the same owner and so licensed shall pay a reduced license
fee of $100 per vehicle for such additional taxi/autocab.) The license
is not transferable and is granted to a specific vehicle. If such
vehicle is sold or conveyed during the license year, the owner may
apply to the Borough for a substitute for the remainder of the license
period.
1.
In the event a person issued a taxi/autocab owner's license also
makes application for a taxi/autocab driver's license, said person
may apply to waive the $50 license fee for up to five designated drivers
employed by said person and operating such licensed taxi/autocab.
b.
The annual fee for each taxi/autocab driver's license hereafter issued,
or any renewal thereof, shall be $50 for each year, or portion of
a year, for which the license is issued or renewed.
c.
No fees shall be prorated, nor any part thereof refunded, for any
reason except that upon the denial of an application for issuance
or renewal of a license by the Mayor and Council, 90% of the fee deposited
shall be returned to the applicant, and 10% shall be retained by the
Borough to be applied to the costs for processing of the application.
[Ord. No. 08-2011 § 9]
a.
The Mayor and Council may, in their discretion, refuse to issue or
renew, or may after notice and hearing, revoke or suspend any taxi/autocab
driver's license issued hereunder if the applicant or licensee:
1.
Has been convicted of a crime or offense in this, or any other, jurisdiction.
2.
Has been convicted of being a disorderly person.
3.
Has been found guilty of a violation of Title 39, "Motor Vehicles
and Traffic Regulations" of the Revised Statutes of the State of New
Jersey.
4.
Violates any provision of this section.
5.
Has failed, or fails to render, reasonably prompt, safe, and adequate
taxi/autocab service.
6.
Has in any degree contributed to any injury to any person, or damage
to property, arising out of negligent operation of a motor vehicle.
7.
Has any physical or mental condition which interferes with the ability
to operate a motor vehicle in a safe manner and or presents a risk
to the driver, passengers or the public.
8.
Has not complied fully with all requirements of this section.
b.
Any taxi/autocab owner's license, or renewal, may be denied, revoked,
or suspended for any of the following reasons:
1.
If the motor vehicle licensed, or to be licensed, has unsafe or unsanitary
conditions, or is otherwise dangerous to the safety or health of the
occupants or others.
2.
If the policy of insurance required by N.J.S.A. 48:16-3 lapses, or
such coverage is not maintained at all times.
3.
Has been convicted of a crime in this, or any other, jurisdiction.
4.
Has in any degree contributed to any injury to any person, or damage
to property, arising out of negligent operation of a motor vehicle.
5.
Has not complied fully with all requirements of this section.
6.
If the licensed vehicle is used or permitted to be used for any improper,
immoral or illegal business or purpose, or for the violation of any
statute or law of the State or the United States, or for the violation
of any of the provisions of this section or any rules and regulations
duly adopted there under.
[Ord. No. 08-2011 § 10]
a.
No taxi/autocab shall be operated in the Borough unless the taxi/autocab
driver's license of the person operating the taxi/autocab, is prominently
displayed and open to view of passengers in accordance with reasonable
procedures of the Borough.
b.
The Certificate of Insurance required by N.J.S.A. 48:16-6 shall likewise
be prominently displayed in accordance with reasonable procedures
of the Borough provided by way of written notice to the licensee.
[Ord. No. 08-2011 § 11]
a.
No Taxicab/Autocab shall hereafter be operated in the Borough unless
and until there is prominently displayed in the interior thereof,
within the full view and access of any passengers, a complete list
of fares, charges or tariff rates charged for transportation of passengers,
which fares, charges or tariff rates so displayed, and no other, shall
be those to be charged any passenger. Said rate and tariff listing
shall be submitted with the Owner's License application and any changes
in the rates and/or tariffs during the year shall be filed with the
Borough before the new rates and/or tariffs can be charged to passengers.
b.
Any person, driver or owner charging in excess of the posted rates
shall be guilty of a violation of this section. No fares or rates
shall be charged passengers by taxi/autocab licensees unless the complete
schedule thereof has been approved by resolution of the Governing
Body, and no fares shall be increased or schedules or fares altered
without application having been made and approval granted by the Mayor
and Borough Council.
c.
All rates shall be agreed upon between the operator and passenger
before the transportation is commenced.
d.
Hand luggage shall be carried without charge.
[Ord. No. 08-2011 § 12]
a.
Every taxi/autocab operating within the Borough shall have affixed
or painted on both sides thereof the words "taxi" or "cab" in letters
at least six inches high, or the name of the operating owner containing
the words "taxi" or "cab" or "taxicab," as well as the business telephone
number.
b.
Every taxi/autocab or other vehicle required to be licensed under
this section operating within the Borough shall display a visual identification
symbol the design, specification and contents of same to be determined
in the sole discretion of the Borough, by way of a decal, magnetic
device, placard or other method which will identify the vehicle as
properly and currently licensed. The method of display shall be as
determined by the Borough Police Department and communicated in writing
to the taxi license holder, which shall be required to adhere to the
contents of said notice within seven calendar days of the date of
the notice. The Borough may elect to require that the visual identification
symbol be made and then affixed to the licensed vehicle by a vendor
or vendors of the Borough's designation, all such costs for such production
and affixing to the licensed vehicle to be paid by the licensee.
[Ord. No. 08-2011 § 13]
Every licensed taxi/autocab driver shall record, in writing,
the time and place each passenger is accepted, and the time and place
of discharge of the passenger. Such records shall be kept intact for
three years. Such records shall be kept open at all times during the
three-year period for inspection by local, State, and Federal law
enforcement agencies.
[Ord. No. 08-2011 § 14]
Immediately after the termination of any hiring or employment,
every driver of a taxi/autocab must carefully search such taxi/autocab
for any property lost or left therein, and any such property discovered
must be reported in writing to the Police Department with brief particulars
and description of such property, within 24 hours after it is found,
unless sooner claimed or delivered to the owner.
[Ord. No. 08-2011 § 15]
[Ord. No. 08-2011 § 16]
Owners of taxi/autocabs, their agents and employees, and cab
drivers engaging in the taxi/autocab business, shall render courteous
and nondiscriminatory service to the public. They shall answer all
telephone calls received by them for transportation service within
the limits of the Borough as soon as they can do so, and if such service
cannot be rendered within a reasonable time, they shall notify the
prospective passenger when the taxi/autocab will be available to service
them.
[Ord. No. 08-2011 § 17]
a.
No Cruising. No person shall cruise the streets of the Borough in
any vehicle, including but not limited to taxi/autocabs at any time
for the purpose of soliciting or one or more persons for transportation
for a fee or fare.
b.
Pre-arranged Pickup. Any taxi/autocab cab may pick up passengers
if the taxi/autocab owner or the owner's agent has been specifically
called by the person seeking transportation or someone acting on said
persons behalf or such person has otherwise arranged in advance for
pick up at a specific time and place. The taxi/autocab driver must
have proof of such pre-arrangement including at a minimum the full
name of the person to be picked up, the full name of the person making
the arrangements, and a contact phone number for said person making
the arrangements.
c.
All persons shall be picked up or discharged at the curb, or in off
street areas designated by business establishments for the use of
their patrons, and the taxi/autocab shall at no time interfere with
traffic on any roadway.
d.
For picking up passengers at commercial establishments, all taxi/autocabs
will follow a wait in-line operating rule, and must pick up the next
passenger waiting for taxi/autocab service in order. If such pick
up is refused by the taxi/autocab driver, the driver must depart without
a passenger and forfeit any place in line. Nothing herein shall preclude
commercial establishments locations to establish pick up areas in
parking lots.
[Ord. No. 08-2011 § 18]
a.
Use of Taxi Stands. The Police Department may designate the location
and size of any taxi stand in accordance with State law. Only taxi/autocabs
and taxi/autocab drivers licensed by the Borough under this section
may utilize the taxi stand. No person shall sit idle, park, or operate
in a designated taxi stand for any other purpose except to pick up
or discharge passengers. A designated taxi stand may only be occupied
by a taxi/autocab and driver licensed by the Borough in accordance
with this section. No person shall leave any vehicle unoccupied in
any designated taxi stand. A taxi stand shall allow a person the opportunity
to find transportation services in an expeditious, unbiased, nondiscriminatory,
and courteous manner. No passenger may be denied transportation by
any taxi/autocab occupying any portion of a designated taxi stand
provided that said passenger has the ability to meet the terms, fare,
or fee for the service to be rendered. Call ahead or pre-arranged
pick ups may not be picked up from any designated taxi stand.
b.
Temporary Taxi Stand. The ranking or senior Borough Police Officer
on duty may, in the event, the number of people at any location seeking
transportation from taxi/autocabs creates or may create a safety concern
and or may create a disturbance of the peace, may establish a temporary
taxi stand at any public location, such temporary taxi stand to be
designated by temporary traffic signs or other traffic devices identifying
the temporary taxi stand. The provisions of paragraph a above applicable
to Taxi Stands shall be applicable to temporary taxi stands.
[Ord. No. 08-2011 § 19]
a.
Any person violating any of the provisions of this section shall,
upon conviction of a first offense be subject to a fine of no less
than $250; on conviction of a second offense be subject to a fine
of no less than $500 and for a third or subsequent offense be subject
to a fine of $1,250, or be subject by imprisonment for any term not
exceeding 90 days in the County Jail, or in any other place provided
by the municipality for the detention of prisoners, or both.
b.
Any corporation violating any of the provisions of this section shall,
upon conviction, pay a fine of not less than $500 or more than $1,250.
c.
Any person who aids, assists, or abets in the violation of any of
the provisions of this section shall be subject to the penalties herein
provided for.
d.
Nothing herein shall preclude the prosecution of any such violation
under Title 48 and or Title 2C of the New Jersey statutes nor restrain
or prohibit the Mayor and Council from suspending or revoking any
license issued hereunder in accordance with the provisions of this
section.
[Ord. #06-2004, § 1]
It has been determined that the presence of large numbers of
migratory and resident waterfowl on and around ponds and lakes in
the Borough of Spring Lake Heights causes a public health nuisance
in and around said ponds and lakes, including the surrounding properties,
which is inimical to the health and general welfare of the public.
The purpose of this section is to prevent such conduct that may attract
such waterfowl to properties in the Borough.
[Ord. #06-2004, § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean and include, but is not limited to, those nondomesticated
species of birds commonly known as swans, geese, brant, river and
sea ducks and any other waterfowl that generally follow a seasonal
migration pattern.
Shall mean and include, but is not limited to, those nondomesticated
species of birds commonly known as swans, geese, brant, river and
sea ducks, seagulls, and any other waterfowl that do not migrate,
but rather nest or reside in the area.
[Ord. #06-2004, § 1]
No person shall feed, cause to be fed or provide food for migratory
or resident waterfowl in the Borough of Spring Lake Heights on lands
publicly owned.
[Ord. #06-2004, § 1]
This section shall not be construed to prohibit humane acts
towards migratory or resident waterfowl in individual cases, such
as the temporary nurturing of a wounded bird on one's own premises.
[Ord. #06-2004, § 1]
No person shall create or foster any condition or allow any
condition to exist or continue which results in a congregation or
congestion of migratory or resident waterfowl or in an accumulation
of waterfowl feces or droppings or in damage to flora, fauna or public
or private property or in a public health nuisance or in a threat
to the health, safety and welfare of the public or the waterfowl.
[Ord. #06-2004, § 1]
The Police Department of the Borough of Spring Lake Heights
is hereby authorized and directed to enforce this section.
[Ord. #06-2004, § 1]
Any person convicted of a violation of any of the provisions
of this section shall be punished by imposition of a fine not less
than $250 and not to exceed $500. The Municipal Court of the Borough
of Spring Lake Heights shall have jurisdiction to hear all charges
brought under this section.
[Ord. #23-2005]
a.
Residency Restriction.
1.
No person age 18 or over, who has been convicted of any crime that
requires the convicted person to register pursuant to N.J.S.A. 2C:7-1
et seq. (the New Jersey Registration and Community Notification Laws)
and/or the crimes of Luring or Enticing a Child; N.J.S.A. 2C:13-6
and/or Lewdness in the Presence of a Child under 13; 2C:14-4b.(1)
shall be permitted to reside or live within 1,000 feet of any school,
park, playground, day care center, firehouse or community center where
child oriented organizations assemble, or Board of Education designated
bus stop in the Borough as delineated on the approved Borough of Spring
Lake Heights Convicted Sex Offender Restricted Areas Map.
2.
This section shall not apply to a person who has established a residence
prior to September 26, 2005, the date of the adoption of this ordinance.
b.
No person shall act as an accomplice to any individual in violation
of this section by purposely housing, concealing and/or hindering
the detection or apprehension of any person identified in paragraph
a and who is subjected to and in violation of the provisions of this
section.
c.
Loitering Restrictions. No person convicted of an offense as defined
in paragraph a of this section shall loiter within 1,000 feet of any
school, park, playground, day care center, firehouse or community
center where child oriented organizations assemble, or Board of Education
designated bus stop, in the presence of a minor, without supervision
or unless actively engaged in a legitimate business activity which
does not involve interaction with an unsupervised minor.
d.
Nothing in this section shall preclude or discourage any law enforcement
officer from taking separate enforcement action under the laws of
this State for offenses committed in conjunction with a violation
of this section, particularly N.J.S.A. 2C:43-6.4; Community Supervision
for Life/Parole Supervision for Life.
e.
Violation and Penalty. Any violation of this section shall be punishable
by a fine of up to $1,000 and/or imprisonment for a term not to exceed
30 days. Any second or subsequent violation shall be punishable by
a fine of up to $1,500 and/or imprisonment for a term not to exceed
60 days.
[Ord. No. 07-2012]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise:
Means:
Any person determined by the Federal Internal Revenue Service
to be a tax exempt organization pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
Any person who is, or holds himself or herself out to be, established
for any benevolent, philanthropic, humane, social welfare, public
health, or other charitable purpose, or for the benefit of law enforcement
personnel, firefighters, or other persons who protect the public safety.
Means:
Any purpose described in Section 501(c)(3) of the Internal Revenue
Code of 1986, 26 U.S.C. § 501(c)(3); or
Any benevolent, philanthropic, humane, social welfare, public
health, or other charitable objective, or an objective that benefits
law enforcement personnel, firefighters, or other persons who protect
the public safety.
Means a permit issued by the Department pursuant N.J.A.C.
16:401.1 et seq.
Means the State Department of Transportation.
Means the public right-of-way whether open or improved or
not, including all existing factors or improvements.
Means State highway property and property rights, including
easements, owned and controlled by the Department.
Means the permit issued by the Borough of Spring Lake Heights
pursuant to this article.
Means the portion of the roadway that lies between the edge
of the traveled way and curbline, excluding auxiliary lanes.
Means a road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Department.
Means the portion of the roadway provided for the movement
of vehicles, exclusive of shoulders and auxiliary lanes.
[Ord. No. 07-2012]
a.
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, et seq., authorized
charitable organizations are hereby permitted to solicit contributions
in the right-of-way of a highway located within the Borough, subject
to the provisions and restrictions contained in this section.
b.
The within authorization is subject to the regulations promulgated
by the Department of Transportation in consultation with the Division
of Highway Traffic Safety, as set forth in N.J.A.C. 16:40-1.1 to 11.1.
c.
Under no circumstances may an authorized charitable organization
conduct a roadway charitable solicitation without first having obtained
a permit from the Chief of Police.
[Ord. No. 07-2012]
a.
An authorized charitable organization seeking issuance of a roadway
solicitation permit shall file an application with the Chief of Police
on forms provided by the Chief of Police.
1.
An application for a roadway solicitation permit shall be filed with
the Chief of Police not less than seven days before the date upon
which it is proposed to conduct such roadway solicitation.
2.
Contents of roadway solicitation permit. The application for a roadway
solicitation permit shall set forth the following information:
(a)
Name, address and telephone number of the authorized charitable
organization seeking to conduct a roadway charitable solicitation.
(b)
Date and times upon which roadway solicitation is proposed.
(c)
Method of roadway charitable solicitation (i.e., coin toss using
blankets).
(d)
Specific location or locations of proposed roadway charitable
solicitation.
(e)
Contact person for the authorized charitable organization.
(f)
Names of the persons (solicitors) conducting the roadway charitable
solicitations on behalf of the authorized charitable organization
at each proposed location.
(g)
Any additional information which the Chief of Police shall find
reasonably necessary for the fair determination as to whether a permit
should be issued.
b.
If the proposed roadway charitable solicitation is to be conducted
upon any county highway or intersection, the authorized charitable
organization must submit evidence of approval by the Monmouth County
Board of Freeholders pursuant to N.J.S.A. 39:4-60.
c.
If the proposed charitable solicitation is to be conducted upon any
state highway or intersection, the authorized charitable organization
must submit evidence of approval in the form of a charitable solicitation
permit received from the Department of Transportation under N.J.A.C.
16:40-1.1 et seq.
1.
The Chief of Police is hereby authorized to sign the charitable solicitation
permit on behalf of the Borough.
2.
The Chief of Police has been consulted and shall be responsible for
supervising the solicitation and enforcing the terms of the charitable
solicitation permit.
3.
The roadway solicitation permit issued by the Borough and the charitable
solicitation permit issued by the Department of Transportation shall
be in the possession of the solicitor for the authorized charitable
organization during all times of solicitation and be available for
inspection by the state, county and Spring Lake Heights police enforcement
personnel.
[Ord. No. 07-2012]
a.
Solicitation of contributions is prohibited along traffic circles
or highway segments determined to be inappropriate in the interest
of public safety.
b.
Solicitation is permitted only at signalized intersections or when
the existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
c.
Borough police may suspend solicitation operations at any time if
any condition of either permit is violated or if, in a police officer's
sole discretion, traffic is being impeded or delayed or the public
safety is at risk.
d.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
e.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of a flagperson shall be
prohibited.
f.
The authorized charitable organization shall be responsible for cleaning
up any debris from the roadway.
g.
Solicitation shall only be permitted during daylight hours.
h.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol when soliciting. Solicitors
shall not harass the public.
i.
Each person soliciting charitable contributions on behalf of the
authorized charitable organization shall be at least 18 years of age.
[Ord. No. 07-2012]
a.
All solicitors shall wear safety vests that are in accordance with
Department standards.
b.
Parking of vehicles shall comply with applicable traffic regulations.
Off-site parking is recommended.
c.
Coin tosses using blankets located off the traveled way are the preferred
method of solicitation.
d.
The solicitors shall not install any traffic control devices.
[Ord. No. 07-2012]
a.
Signs advertising the roadway solicitation are permitted but they
must be of temporary construction and break-away to the extent possible.
b.
Signage shall be a maximum of 16 square feet.
c.
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices.
e.
Signs shall not be permitted in the traveled way or medians less
than eight feet in width.
f.
All signs warning, noticing or advertising solicitations shall be
removed immediately following the solicitation event.
[Ord. No. 07-2012]
Any person who violates any provision of this section shall,
upon conviction, be liable for a fine not to exceed $100 per each
day of such violation.
[Ord. No. 01-2011 § 1]
This section requires that dumpsters and other refuse containers
that are outdoors or exposed to stormwater shall be covered at all
times and prohibit the spilling, dumping, leaking, or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Spring Lake Heights
and/or the waters of the State so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 01-2011 § 2]
When used in this section:
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Spring Lake Heights or other public
body, and is designed and used for collecting and conveying stormwater.
(Note: In municipalities with combined sewer systems, add the following:
"MS4s do not include combined sewer systems, which are sewer systems
that are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources.")
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 01-2011 § 3]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Spring Lake
Heights.
[Ord. No. 01-2011 § 4]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 01-2011 § 5]
This section shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Spring Lake Heights.
[Ord. No. 01-2011 § 6]
Any person(s) who violates any provision of this section shall,
upon conviction, be subject to a fine not to exceed $2,500.
