[Ord. #12/6/72, § 1]
As used in this section:
Shall mean any contrivance used or designated for navigation
or for flight in the air.
Shall mean Borough of Beachwood, Ocean County, New Jersey.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copy of any matter of literature
which:
Advertises for sale any merchandise, product commodity or thing.
Directs attention to any business or mercantile or commercial
establishment or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales.
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit.
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Shall mean any store or building or group thereof, including
shopping centers, shopping plazas and other similar places wherein
mercantile activities and services are offered to the public, and
shall include all parking areas serving such places.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean garbage, refuse and rubbish, as defined herein
and all other waste material which, if thrown or deposited, as herein
prohibited, tends to cause a danger to public health, safety and welfare
or creates unsightliness.
Shall mean any newspaper of general circulation as defined
by law; any newspaper duly entered with the post office department
of the united states in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer, as
provided by law. In addition thereto, shall mean and include any periodical
or current magazine regularly published with not less than four issues
per year and sold to the public.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet
or any other printed or otherwise reproduced original or original,
or copies of any matter of literature not included in the aforesaid
definitions of a commercial handbill or newspaper.
Shall mean a park, reservation, playground, beach, recreation
center or any other public area in the Borough owned or used by the
Borough and devoted to active or passive recreation.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any 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,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as yard clippings, leaves,
wood, glass, bedding, crockery and similar materials.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[Ord. #12/6/72, § 2]
No person shall throw or deposit litter in or upon any public
place within the Borough except in public receptacles, in private
receptacles for collection or in official Borough dumps or rubbish
pits. Persons placing litter in public receptacles or in private receptacles
shall do so in such a manner as to prevent it from being carried or
deposited by the elements upon any street, sidewalk or other public
place or upon private property.
[Ord. #12/6/72, § 3]
No person shall sweep into or deposit in any gutter, street
or other public place within the Borough the accumulation of litter
from any building or litter from any public sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
[Ord. #12/6/72, § 4]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any public place, private premises or commercial
place.
[Ord. #12/6/72, § 5]
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or located as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place.
[Ord. #12/6/72, § 6]
No person shall throw or deposit litter in any park within the
Borough except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere, as provided herein.
[Ord. #12/6/72, § 7]
No person shall throw or deposit litter in any fountain, pond,
stream, river or any other body of water in the Borough.
[Ord. #12/6/72, § 8]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Borough.
[Ord. #12/6/72, § 9]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
[Ord. #12/6/72, § 10]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[Ord. #12/6/72, § 11]
No person shall throw, deposit or distribute any commercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises. The
provisions of this subsection shall not apply to the distribution
of mail by the United States nor to newspapers (as defined herein),
except that newspapers shall be placed on private property in such
a manner as to prevent their being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
[Ord. #12/6/72, § 12]
No person in an aircraft shall drop or deposit within the Borough,
any litter, handbill or any other object.
[Ord. #12/6/72, § 13]
No person shall throw or deposit litter on any occupied private
property or commercial place within the Borough, whether owned by
such person or not, except that the owner or person in control of
such private property or commercial place may maintain authorized
private receptacles for collection in such a manner that litter will
be prevented from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon any private property.
[Ord. #12/6/72, § 14]
Each owner or person in control of any commercial place, including
shopping centers and delivery and parking areas thereat, shall keep
the places, parking areas, delivery areas and other open areas which
are a part of such commercial place free from litter.
[Ord. #12/6/72, § 15]
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. #12/6/72, § 16]
No person shall throw or deposit litter on any open or vacant
private property within the Borough whether owned by such person or
not.
[Ord. #12/6/72, § 17]
The violation of any provision of this section shall be punishable
by a fine of not more than $100 for each offense. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder. Imprisonment in
addition to, or in lieu of fine, may also be imposed, not to exceed
10 days for each violation.
[Ord. #12/20/72, § 1; Ord. #2012-07]
It shall be unlawful for any owner or owners, occupant or occupants,
tenant or tenants of any lot or tract of land situate within the Borough
to permit or maintain on any such lot or tract of land any brush,
weeds, dead or dying trees, stumps, roots, obnoxious growth, filth,
garbage, trash and debris injurious to the public health, safety and
general welfare or where the same shall tend to create a fire hazard.
Grass or weeds in excess of eight inches in height shall be considered
a violation of the within section.
[Ord. #12/20/72, § 2; New; Ord. # 2012-07]
Any owner or owners, occupant or occupants, tenant or tenants who shall neglect to cut and remove or otherwise destroy such brush, grass, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris as directed by this section shall, upon conviction thereof, be subject, for each offense, to the General Penalty as established in Chapter 1, Section 1-5.
[Ord. # 12/20/72, § 3; Ord. #2012-07]
The Borough Code Enforcement Officer or his or her designee
may at any time he or she believes there was a violation of the within
provisions shall give notice to the owner or owners, occupant or occupants,
tenant or tenants to cut and remove or otherwise destroy any such
brush, weeds, grass, dead or dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris within 10 days after notice
to remove the same has been received from the Borough, which notice
may be affected by personal service, by regular mail, by certified
or registered mail, return receipt requested. Thereafter, the Borough
shall cause the same to be removed under the direction of the Code
Enforcement Officer or the designee or any other duly authorized individual
of the Borough; and such officer shall certify the costs thereof to
the Borough Council, which shall examine the certificate and, if found
correct, shall cause the cost as shown thereon to be charged against
the land and premises; and the cost shall be added to and become and
form a part of the taxes next to be assessed and levied upon the land,
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. #12/20/72, § 4]
The imposition and collection of the fine imposed by this section
shall not constitute any bar to the right of the Borough to collect
the cost, as certified, for the removal of such growths, in the manner
herein authorized.
[Ord. #2012-07]
At any time the Code Enforcement Officer, his designee or a
law enforcement officer of the Borough determines that an emergent
situation exists which presents a condition which could cause serious
or life threatening injury or death said official shall request immediate
securing or repairing to alleviate said condition. Thereafter, said
officer shall certify the cost thereof to the Borough Council, which
shall examine the certificate and, if found correct, shall cause the
cost as shown thereon to be charged against the land and premises;
and the cost shall be added to and become and form a part of the taxes
next to be assessed and levied upon the land, 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. # 2012-07]
[Ord. #2012-07]
a.
Purpose. The purpose of this subsection is to protect and promote
the public health through the control of the growth of invasive plant
species.
b.
Definition. Invasive plants and all native and non-native vines and
vegetation that grow out of place and are competitive, persistent,
and pernicious. These plants may damage trees, vegetation, or structures.
Examples include but are not limited to bamboo (spreading or running
type), ragweed, multi flora rose, kudzu-vine and poison ivy or oak.
c.
All persons must control the growth of invasive plants. Failure to
control the spread of such vegetation beyond the boundaries of a resident's
property is a violation of this subsection.
d.
All places and premises in the Borough of Beachwood shall be subject
to inspection by the enforcing officer. Such inspections shall be
performed by such person, persons or agency duly authorized and appointed
by the Borough of Beachwood. Such inspection shall be made if that
official has reason to believe that any portion of this subsection
is being violated.
e.
Violations and Penalties.
1.
Whenever an invasive plant as defined by this subsection is found
on any plot of land, lot or any other premises or place, a violation
shall be given to the owner, in writing, to remove or abate the same
within such time as shall be specified therein (recommend time in
years — due to difficulty of removing bamboo).
2.
The cost of abatement shall be borne by the property owner.
3.
If the owner fails to comply with such notice within the time specified
therein, the enforcing official may remove or otherwise control the
invasive plant species and the Borough may thereafter recover the
cost of such removal from the property owner and place a lien on the
property to recover the cost of invasive plant removal.
[Ord. #2005-19, § 3]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of Beachwood, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Nonphysical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b) or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b) or
(c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Beachwood or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides or biocides
to control fouling of equipment such as heat exchangers and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
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.
[Ord. #2005-19, § 1]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of Beachwood any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. #2005-19, § 1]
This section shall be enforced by the Police Department, the
Municipal Code Enforcement Officer or any duly-authorized or deputized
individual.
[Ord. #2005-19, § 1]
Any person who violates any one or more subsections of this
section shall be subject to a fine of not more than $500 for each
separate offense and/or confinement in the Ocean County Jail for a
period of not more than 90 days.
[Ord. #2005-19; Ord. #2010-06]
For the purposes of the within section an illicit connection
to the Beachwood Sewerage Authority sewerage collection system shall
be any connection made to said system other than by permit issued
by the Beachwood Sewerage Authority in accordance with its rules and
regulations.
[Ord. #2010-06]
A person or entity is prohibited to make any connection to the
Beachwood Sewerage Authority sewerage collection system without a
permit issued by said Authority in accordance with its rules and regulations.
Such prohibited connection shall include, but not be limited to, a
sump pump connection by a customer of said system.
[Ord. #2010-06]
During any Certificate of Occupancy inspection or continuing
Certificate of Occupancy inspection the appropriate inspector shall
inspect for illicit connections to the Beachwood Sewerage Authority
system as part of said inspection.
[Ord. #2010-06]
If the provisions of any subsection, paragraph, subdivision
or clause of this section shall be judged invalid by a Court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any subsection, paragraph, subdivision or clause
of this section.
[Ord. #2005-19; Ord. #2010-06]
This section shall be enforced by the Municipal Code Enforcement
Department, Building Department, or any other duly authorized or deputized
individual.
[Ord. #2005-19; Ord. #2010-06]
Any person or entity that violates any one or more of the above
sections shall be subject to a fine or not more than $1,000 for each
separate offense and/or confinement to the Ocean County Jail for a
period of not more than 90 days.
[Ord. #12/6/72, § 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 and shall also include the colloquial expression "hanging
around."
Shall mean 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, highway, road, alley 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. #12/6/72, § 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 3-3.1. This subsection 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, or in whose hearing, they are made.
[Ord. #12/6/72, § 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 3-3.2, 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. #12/6/72, § 4]
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this section.
[Ord. #12/6/72, § 5]
Whenever any minor under the age of 18 years is charged with
a violation of this section, his parent or guardian shall be notified
of this fact by the Chief of Police or any other person designated
by him to give such notice.
[Ord. #12/6/72, § 6]
If at any time within 30 days following the giving of notice as provided in subsection 3-3.5, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[Ord. #12/6/72, § 7; New]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 10/7/77.
[Ord. #96-10, § 1]
As used in this section:
Shall mean any unemancipated person under the age of 18 years.
Shall mean any adult person having the care or custody of
a juvenile either by reason of blood relationship, court order or
otherwise. This definition is intended to include either or both natural
parents of a minor, the legal guardian of such minor or any other
adult persons who have voluntarily or otherwise assumed the responsibilities
of a natural parent with respect to the custody, care and control
of the minor. The term "parent" shall not apply to natural parents,
legal guardians or other persons whose responsibility for the custody
and control of such minor has been transferred to another person,
or otherwise terminated by court order, or by the emancipation of
the minor by marriage, military service or other circumstances.
Shall mean any conduct which, if committed by an adult, would
constitute a violation of the New Jersey Statutes and/or Beachwood
Borough Ordinances.
Shall mean any place to which the public has access, including
but not limited to a public street, road, thoroughfare, sidewalk or
boardwalk, bridge, alley, plaza, park, recreation or shopping area,
public transportation facility, vehicle used for public transportation,
parking lot or any public building, structure or area.
[Ord. #96-10 § 1]
It shall be unlawful for any person under 18 years of age to
be or remain upon any street or alley or other public place in the
Borough between the hours of 10:00 p.m. to 6:00 a.m. unless such person
is accompanied by a parent or guardian or other person having custody
of such minor or unless in the performance of duty directed by such
parent or guardian or other person having custody or unless such person
is in lawful employment making it necessary to be in such places between
the hours of 10:00 p.m. to 6:00 a.m.
[Ord. #96-10, § 1]
The provisions of this section shall not apply when the juvenile
is accompanied by a parent, guardian, or other adult having the care
and custody of the juvenile, or under any of the following circumstances:
a.
Where the juvenile is on a medical emergency, errand or other legitimate
business directed by the juvenile's parent or guardian;
b.
When the work time of the juvenile who is gainfully employed overlaps
with the hours of 10:00 p.m. and 6:00 a.m.;
c.
When the juvenile is in attendance at a function sponsored by a religious,
educational, or civic organization;
d.
When the juvenile is in attendance as a bona fide student at an evening
school of instruction;
e.
When the juvenile is in attendance at a civic, cultural, recreational
or social function;
f.
When the juvenile is exercising rights protected by the First Amendment
to the Constitution such as freedom of speech, freedom of religion
and the right of assembly;
g.
When the juvenile is traveling directly to or from his residence
between the hours of 10:00 p.m. and 6:00 a.m. as a result of any of
the activities set forth above.
[Ord. #96-10, § 1]
a.
Unlawful for parent to permit violation. It shall be unlawful for
any parent, to assist, aid, abet, allow, permit, suffer or encourage
such juvenile to go or be upon any street, alley, or other public
place in the Borough between the hours of 10:00 p.m. and 6:00 a.m.
with the exceptions as set forth above. It shall further be. unlawful
for any parent, to assist, aid, abet, allow, permit, suffer or encourage
such juvenile to commit a violation of the public peace as defined
herein within the Borough, whether by overt act, by failure to act
or by failure to exercise supervision and control over such minor.
b.
Notice to parents. If any juvenile is found to be violating the provisions of this section, and shall be apprehended for such violation, the Borough Police Department shall immediately notify the parents, guardian or other adult having care and custody of the juvenile of such arrest, and the violations and penalties applicable pursuant to this section. Upon such notification, such parent, guardian or other adult having care and custody of the juvenile shall immediately provide for the juvenile's placement in their care, custody and keeping, and no fine or penalty shall be imposed on the parent. Any further violation of the provisions of this chapter by the juvenile, after such notification to the parent, guardian or other adult having care and custody, shall be deemed a violation of subsection 3-4.4 of this chapter and shall be punishable by the fines provided therein.
c.
Defense. It shall be no defense to any violation charge hereunder
that a parent, guardian or other adult was completely indifferent
to the activities, conduct or whereabouts of such juvenile who is
charged with a violation of this section.
[Ord. #96-10, § 1]
Any parent, guardian or other adult person having legal care
and custody of a juvenile who knowingly allows or permits the juvenile
to violate the provisions of this section, after notice of the violations
and penalties applicable pursuant to this section, shall, upon conviction,
be punished by a fine of $50 for the first offense; $100 for the second
offense; $200 for the third offense; and $500 for the fourth and any
subsequent offenses. Any juvenile who violates the provisions of this
section shall be placed in the jurisdiction of the Superior Court,
Chancery Division, Family Part for such disposition as the Court may
deem appropriate.
[Ord. #96-10, § 1]
The penalty provisions of this section shall be cumulative,
not exclusive, and the State or any other person shall maintain the
right to proceed under any other legally available remedy.
[1]
Editor's Note: Former Section 3-5, Parental Responsibility,
previously codified herein and containing portions of Ordinance No.
5/5/76 was repealed by Ordinance No. 96-10.
[Ord. #6/18/65, § 1; Ord. #9/13/73, § 84-1;
Ord. #12/3/79, § 1; Ord. #93-14, § 1]
It shall be unlawful for any owner, possessor or occupant of lands in the Borough, to permit to be stored or placed upon such lands, any machines, or parts of machines, any vehicle, vessel or other means of conveyance which falls under regulatory direction of the Department of Motor Vehicles so in need of repair as to render the same incapable of being readily operated under its own power, except where such storage is specifically authorized by Chapter 17, Development.
[Ord. #6/18/65, § 2; Ord. #12/3/79, § 1;
Ord. #93-14, § 1]
It shall be unlawful for any person to park or leave standing
any machines, parts of machines or any vehicle, vessel or other means
of conveyance which falls under the regulatory direction of the Department
of Motor Vehicles so in need of repair as to render the same incapable
of being readily operated under its own power, on land of another
without permission of the owner, possessor or occupant of such lands.
[Ord. #6/18/65, § 3; Ord. #9/19/73, § 84-3;
Ord. #12/3/79, § 1]
Upon complaint of any resident or property owner of the Borough,
or any employee of the Borough, or upon his own motion, the Code Enforcement
Officer, or his designated agent, shall make an investigation of the
condition complained of and notify the owner, possessor or occupant
of the lands complained of, personally or by certified mail, to take
such steps as will effectively remove the violation from the land,
within 10 days of the notice.
[Ord. #6/18/65, § 4; Ord. #9/19/73, § 4-4;
Ord. #12/3/79, § 1]
The Code Enforcement Officer shall reinspect the lands after
the ten-day period shall have expired and if the unlawful condition
previously complained still exists, a summons shall be issued by the
Code Enforcement Officer, to the owner, possessor or occupant of the
lands.
[Ord. #6/18/65, § 5; Ord. #9/19/73, § 84-5;
Ord. #12/3/79, § 1]
Any person, firm or corporation being convicted of a violation
of any of the provisions of this section shall be subject to a fine
of not less than $50, and no more than $500 or to imprisonment not
to exceed 90 days, or both, in the discretion of the Municipal Judge.
[Ord. #12/20/72, § 1]
It shall be unlawful for any person, firm or corporation to
leave outside of any building or dwelling in a place accessible to
children, any abandoned, unattended or discarded icebox, refrigerator
or any other container of any kind which has an airtight door or lock
which may not be released for opening from the inside of the icebox,
refrigerator or container.
[Ord. #12/20/72, § 2]
It shall be unlawful for any person, firm or corporation to
leave outside of any building or dwelling in a place accessible to
children, any abandoned, unattended or discarded icebox, refrigerator
or any other container of any kind which has an airtight snap-lock
or other device thereon without first removing the snap-lock or doors
from the icebox, refrigerator or container.
[Ord. #12/20/72, § 3]
It shall be unlawful for any person, firm or corporation to
leave, in a place accessible to children, any abandoned or unattended
well, cesspool or cistern without an adequate and substantial cover.
[New]
[Ord. #85-10, § 1]
The purpose of this section is to control and regulate unlicensed
motor vehicles within the Borough of Beachwood in order to preserve
the public peace and order and protect the health and welfare of the
general public of the Borough.
[Ord. #85-10, § 2; Ord. #85-14, § 1]
Shall include but is not limited to mini-bikes, motor scooters,
go-carts, swamp buggies, mopeds, and snowmobiles and any other motor-driven
vehicle not capable of being registered under Title 39, Motor Vehicles,
of the New Jersey Revised Statutes, as amended, except such vehicles
as are in such Title expressly exempted from registration. Subsections
3A and 3B shall also apply to vehicles licensed under Title 39, Motor
Vehicles, of the New Jersey Revised Statutes, as amended.
[Ord. #85-10, § 3]
It shall be unlawful for any person to operate or permit and
suffer to be operated a motor-driven vehicle, as defined herein, within
the Borough under the following circumstances:
a.
On private property of another without the express, prior, written
consent of the owner and the occupant of the property.
b.
On any public grounds or property.
c.
In such manner as to create loud, unnecessary or unusual noise so
as to disturb or interfere with the peace and quiet of other persons.
d.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety or property of any person.
[Ord. #85-10, § 4; New]
a.
Any person under the age of 18 years who shall violate any of the
provisions of this section shall be deemed to be a juvenile delinquent
and shall be proceeded against as such.
[Ord. #11/19/75, § 1]
As used in this section:
Shall mean any two- or three-wheeled vehicle having wheels
of such diameter as to be considered for off-sidewalk use.
Shall mean a child's three-wheeled or training two-wheeled
vehicle with wheels of eighteen (18") inches diameter or less.
[Ord. #11/19/75, § 2]
a.
It shall be the duty of the Police Department of the Borough to issue
registration tags to all residents upon application to the Police
Department. Registration shall be offered as a protection against
theft and an aid in loss recovery but shall not be considered mandatory.
b.
There shall be provided by the Police Department annual registration
of each bicycle.
[Ord. #11/19/75, § 3]
It shall be considered unlawful to register any bicycle without
proof of ownership, such as a bill of sale, or a sworn statement of
ownership.
[Ord. #11/19/75, § 4]
The Police Department of the Borough shall inspect the bicycle
at the time of registration to ensure the safe mechanical condition
of the vehicle, but such inspection shall not be a guarantee of the
soundness of the vehicle by the Police Department.
[Ord. 11/19/75, § 5]
It shall be the duty of the Police Department to maintain all
records of bicycle registration and to promote the importance of the
registration program to all residents who own bicycles.
[Ord. #88-7, § 1]
The annual registration fee shall be one ($1.00) dollar per
bicycle.
[Ord. #11/19/75, § 6]
a.
Every bicycle shall be equipped with a light on the front projecting
a white light visible at least five hundred (500') feet to the front
during hours of darkness and shall also have affixed a red reflector
of at least two (2") inches in diameter on the rear so as to be visible
for a distance of at least five hundred (500') feet to an approaching
vehicle from the rear.
b.
Every bicycle shall be equipped with a bell or horn giving an audible
signal for at least one hundred (100') feet.
c.
No person riding any bicycle designed to seat one person shall allow
anyone else to ride on the bicycle unless the use of a sturdy "kiddie"
seat attached for the purpose of transporting small children shall
be employed.
d.
No person operating a bicycle shall practice towing or being towed
by any other vehicle with the exception of towing a specifically designed
bicycle trailer.
e.
Every bicycle shall be equipped with reflectors or reflection tape
visible from either side of the bicycle to oncoming traffic.
f.
It shall be suggested to all parents of children and other owners
of bicycles that they ensure the safe mechanical condition of their
bicycles and participate in bicycle safety programs held by the Police
Department at designated times.
g.
Every person operating a bicycle in the Borough shall obey all traffic
laws that pertain to other moving vehicles.
h.
All persons operating bicycles in the Borough shall ride to the right
side of the roadway and in single file when in groups, exercising
due care when passing parked vehicles.
i.
All persons operating a bicycle shall take due care and consideration
of pedestrians when going from street to sidewalk, and the same consideration
for all other traffic when going from sidewalk to street.
j.
It shall be mandatory for all persons operating a bicycle in the
Borough after dark to wear at least one piece of light-colored clothing
or a reflective vest to ensure visibility to oncoming traffic.
k.
Trick riding or fancy riding shall be considered a violation of the
rules and regulations of safe bicycle riding unless conducted in nonpublic
thoroughfare areas.
[Ord. #11/19/75, § 7]
It shall be the duty of the Police Department to conduct a bicycle
rodeo consisting of registration, safety instruction and competitive
skill performance tests at least once a year.
[Ord. #11/19/75, § 8]
a.
Any person, eight years of age or over, who violates any of the sections
or rules and regulations of this section shall, for the first offense,
be reprimanded by a letter from the Police Department. In the case
of persons under the age of 18, all correspondence shall be sent to
the parent or guardian. The reprimand shall include a description
of the events or nature of the violation, plus a warning that repetition
could result in impoundment of the bicycle for a period of seven days
should the violation be repeated.
b.
A second offense shall require the offender to appear at police headquarters
with his or her bicycle. A second offender under the age of 18 years
shall appear accompanied by his or her parent or guardian. A hearing
before the Chief of Police or the Traffic Safety Officer shall take
place, and the decision of punishment to the offender shall be decided
which shall not exceed impoundment of the offender's bicycle for a
period in excess of seven days.
c.
In the case of a third offense, the Police Department shall issue
a traffic summons. If the offender is under 18 years of age, the summons
shall be issued to the parent or guardian who shall be required to
appear in Municipal Court, where the Judge of the Court shall determine
the punishment which shall be a fine of not less than $10 nor more
than $50 for each offense.
[Ord. #6/30/32]
Hereafter it shall be unlawful for any person excepting officers
or employees of the Borough, to cut or trim, damage or destroy, or
to cause to be cut or trimmed, any of the trees, bushes, flowers or
shrubbery in any of the public parks or within the lines of any of
the public streets or highways or other public places within the limits
of the Borough.
[Ord. #6/30/32; New]
[Ord. #12/18/74, § 1]
Pursuant to the provisions of the Bingo Licensing Law, and particularly
under the authority of P.L. 1954, c. 6 p. 37, § 8 (N.J.S.A.
5:8-31), pertaining to the conduct of the game of chance commonly
known and designated as "bingo," there is hereby authorized in the
Borough of Beachwood the conduct of bingo games of chance on the first
day of the week commonly known and designated as "Sunday."
[Ord. #12/18/74, § 1]
The conduct of bingo games on Sunday shall be subject to all
provisions of the laws of the State of New Jersey applicable thereto
and to the rules and regulations promulgated from time to time by
the Legalized Games of Chance Control Commission and to such other
regulatory actions which may be lawfully taken from time to time by
any authorized agency or political subdivision of the State of New
Jersey.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance #82-5, #98-22 and #2001-17.
[Ord. #2001-24, § 1]
The purpose of the within section is to establish a motor vehicle
towing operator's list and uniform charges for said service. The Borough's
towing agreement is based upon an all-inclusive list of willing gasoline
service stations and public garages with towing capability to serve
the Borough's needs on a rotational basis. Towing shall be to the
Borough's facilities unless specifically otherwise requested by the
owner of the vehicle. From time to time, the Borough shall establish
a new agreement with said towing operators which will run for a minimum
of one year or until a successor agreement is executed.
[Ord. #2001-24, § 1]
Shall mean charge for post accident services including, but
not limited to, services such as physical inspection, telephone and/or
fax calls, removal of personal items and additional paperwork. Said
fee shall be $5.
Shall mean the removal and transportation of a vehicle from
a highway, street or other public or private road or a parking area
or from a storage facility, and other services normally thereto, but
does not include the recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
Shall mean the removal of a vehicle from a position beyond
the right-of-way or berm of any roadway, but does not include any
area where the recovered vehicle, if operable, could be driven from,
without the assistance of special equipment or others.
Recovery can be achieved by several actions which may include
but are not limited to winching and rigging. A recovery is when the
tow operator applies his knowledge in a skillful manner to preserve
the condition of the motor vehicle while moving the damaged vehicle
to a towable position.
Shall mean charge for a motor vehicle towed into the storage
facility of the primary tower or Borough impound yard that is not
movable and must be towed out of the primary tower's storage facility
or Borough impound yard to a public street for towing by the secondary
tower. The charge for said tow is $35.
Shall mean additional time a tow operator spends at the scene
other than the time required for the actual tow and/or recovery. Examples
of waiting time may include, but are not limited to, EMS services
which must be performed and/or police investigations.
Shall mean the process of moving a motor vehicle by the use
of the cable from a position that is not accessible for direct hook-up
by conventional means for loading onto a tow vehicle. Winching is
not pulling a vehicle onto a tilt bed or carrier, nor lifting a motor
vehicle with a conventional tow sling.
[Ord. #2001-24, § 1]
An application for authorization as a proprietor of a towing
or wrecking business to be placed upon the list to be utilized by
the Police Department shall be made by the person or firm engaged
in operating a wrecker or wreckers. The fee for said application or
renewal shall be $25 per year or portion thereof for the first year.
Thereafter said fee or renewal shall be based on a calendar year and
said application shall be submitted by no later than December 31st
of each year. The application shall be made on forms furnished by
the Borough Clerk and specifically report the following facts:
a.
The full name and address of the applicant. If the application is
made for a corporation, it shall state the names and addresses of
the officers and directors thereof, its registered office and its
registered agent.
b.
The year, make and type of each wrecker used in the business, its
serial number, registration number and registered owner.
c.
The address where the wrecker or wreckers shall be regularly garaged,
the telephone numbers available on a 24 hour per day basis and the
names of all operators, their addresses and the serial number of their
New Jersey motor vehicle licenses.
d.
The application for a license shall be accompanied by a list of towing
vehicles showing proper registration, inspection and insurance certificates
being provided to the Borough. Said insurance certificate shall show
garagemen liability as well as liability covering the operation of
licensee's equipment and wrecker or for any bodily injury or property
damage in a minimum amount of $500,000/$1,000,000, with the Borough
named as an additional insured.
e.
The Borough Clerk shall refer the application for authorization to
the Police Department for a check of all equipment, personnel and
facilities of the applicant to determine the ability of the applicant
to perform the business herein regulated.
f.
The office, workshop and storage areas of the applicant must be located
in zones where such use is permitted.
g.
Each vendor providing towing service shall show proof of ownership
or a lease agreement for a proper land area to store a minimum of
six cars. Each land storage area shall be fully enclosed by a cyclone
fence sufficient for security purposes. Adequate lighting, shielded
from abutting premises, shall be maintained during the night hours.
h.
Each tower shall have an enclosed garage, so as to provide inside
secured storage for at least one vehicle.
i.
Equipment on Vehicles. No licensee shall possess or exhibit flashing
lights except as provided by the statute.
1.
A minimum of two flashing yellow lights pointed to the rear and so
mounted as not to be obstructed by any motor vehicle being towed by
the licensee.
2.
A minimum of two flashing yellow lights spaced at least four (4')
feet apart and so constructed as to be mountable on the rear of any
vehicle being towed.
3.
A 360 degree rotating amber beacon light mounted over the cab.
4.
All lights of such candlepower in intensity as to be visible 1/4
of a mile away.
5.
Dual rear wheels or equivalent.
6.
Originate from a garage equipped with a portable car dolly.
7.
A power take off controlled winch with a minimum cable thickness
of three-eighths (3/8") of an inch or equivalent.
8.
Weight equal to the vehicles to be towed, with a minimum of 5,500
pounds.
9.
A three-eighths (3/8") inch safety chain. The lift chain and the
safety chain are not to be attached in any form or manner to the same
part of the wrecker.
10.
One shovel and one broom for use in removing debris from roadway.
11.
One 20 pound dry chemical fire extinguisher.
12.
One five gallon bucket of sand, speedy dri or Absorbant C.
j.
After the application has been submitted and the aforementioned has
been reviewed by the Police Department, it shall be forwarded to the
Police Chief for approval or disapproval by him.
[Ord. #2001-24, § 1]
No provider hereunder may assign or delegate its responsibilities
for performance arrangements on a non-fee, fee or a "medallion rights"
basis. Bona fide sales of the participant's business may be assigned
as long as the purchaser complies with the provisions of this section.
[Ord. #2001-24, § 1]
All participants in the within agreement shall tow vehicles
to the Borough's impound facility located at 1600 Pinewald Road, Beachwood,
New Jersey. However for all other tows, the vehicle owner/driver may
specifically request towing to another facility, which he shall arrange.
However, if the driver/owner requests such a tow and that operator
does not respond within 20 minutes and the police officer on the scene
determines the vehicle is in a dangerous area, then the police shall
have the right to call a Borough licensed wrecker.
[Ord. #2001-24, § 1]
The licensee shall be required to keep a daily log of all related
towed vehicles reflecting the following:
a.
Date and time of request.
b.
Date and time of vehicle when towed.
c.
Address from where the vehicle was towed and address to where the
vehicle was towed.
d.
Name of towing operator performing service.
e.
Complete dates of storage of said vehicle.
f.
Date of release of said vehicle, complete name and address of person
obtaining vehicle and whether police vehicle impound was required
and produced.
g.
Make, model, year and license plate of vehicle.
h.
Description of general condition of vehicle with damages noted.
i.
All other necessary and pertinent information requested by the Police
Department.
[Ord. #2001-24, § 1]
No person shall drive a wrecker who is under the age of 18 years
and who does not have in his or her possession a valid license duly-issued
to him to operate a motor vehicle in the State of New Jersey. Said
driver must have all required licenses at all times while operating
this motor vehicle.
[Ord. #2001-24, § 1]
All towing assignments shall be given on a rotational basis
and the schedule shall be affixed to the Borough's agreement with
said towing operators. Soliciting business or "chasing" motor vehicle
accidents by participants who were not scheduled to respond shall
be sufficient cause for the governing body to terminate the participation
of the violator.
[Ord. #2001-24, § 1]
While on call, the service station or towing operator shall
be available and respond within 15 minutes to any site within the
Borough of Beachwood regardless of weather conditions. Participants
shall supply no more nor less than one day and one night telephone
number and one pager number. Towing operators eligible for the within
list shall be within a 15 minute response time to any location within
the Borough of Beachwood.
[Ord. #2001-24, § 1]
In the event that a licensee is requested by the Police Department
to render services in accordance with this section at the scene of
a motor vehicle accident, the licensee shall remove from the street
all broken glass, metal and other debris resulting from said accident.
[Ord. #2001-24, § 1]
The Police Chief shall see that a record is maintained containing
names, addresses and 24 hour telephone numbers of all licensed wreckers,
and a record of the types of wreckers available to meet the specific
need of the emergency. The Police Chief shall also see that a record
is maintained of the regular response of wreckers to police calls
and any and all complaints from vehicle owners as to improper service
or charges.
[Ord. #2001-24, § 1]
Licensee shall take all reasonable precautions required by the
Police Department to avoid damage to any evidence, such as fingerprints,
when rendering services in accordance with this section.
All motor vehicles which contain or involve evidence necessary
to the Police Department and stored by the licensee in accordance
with this section shall be stored pursuant to the following requirements.
Licensee shall have available and must provide for a protected area
for storage of impounded vehicles to be used in criminal cases. Protected
areas shall include inside storage of vehicles or fenced-in storage
of vehicles so as to preclude in either case access to such vehicle
by unauthorized persons. He must also in the case of outside storage,
cover-up said vehicle to protect interior from weather elements exposed.
[Ord. #2001-24, § 1; Ord. #2005-06, §§ 1,
2; amended 2-1-2023 by Ord. No. 2023-01]
The following rates and charges shall be in effect until otherwise
amended by the governing body:
|
Class I — Standard towing or flatbed service of a motor
vehicle up to 10,000 lbs.
|
$135.00
|
|
Class II — vehicles between 10,001 to 15,000 lbs.
| |
|
Standard
|
$125.00
|
|
Flatbed Service
|
$150.00
|
|
Class III — vehicles weighing 15,001 lbs. and over
| |
|
Standard
|
$200.00
|
|
Off-road recovery/winching (to be billed in 30-minute increments)
|
$75.00
|
|
Storage Rate (if required)
|
$50.00 per day or a portion thereof
|
|
Administrative Fee for Borough Police Department
|
$50.00
|
|
Miscellaneous:
| ||
|
a.
|
Towing operators shall only be compensated for flatbed
service if the same is approved by the police officer at the location
of the tow.
| |
|
b.
|
If the owner of the vehicle arrives at the scene
subsequent to the tow operator's being called and arriving at the
scene and beginning to prepare for the tow, then if the owner satisfies
the obligation to the tower, the vehicle may be released to the owner.
However, if there is no such satisfaction, then the towing operator
may complete the tow to the impound facility.
| |
|
c.
|
There shall be no fee charged to the Borough of
Beachwood for the towing of any Borough police vehicle, nor any charge
for tire repairs to any police vehicle belonging to the Borough of
Beachwood within a reasonable distance from the Borough of Beachwood.
Said reasonable distance shall be established as within Ocean County.
| |
|
d.
|
There is hereby established a fee of $20 for waiting
time to be charged in 30 minute increments.
| |
[Ord. #2001-24, § 1]
In the event that a participant fails to abide by the within
regulations and towing agreement, then the following procedure shall
apply:
a.
The Borough's Police Chief or his designee shall immediately notify
said operating participant of said violation. If it is felt that said
violation is sufficient to suspend or terminate the violator, then
notice of said suspension or revocation shall be given to the participant.
If the participant requests a hearing, the same shall be held within
10 days of the date of said notice and participant may be represented
by counsel at a hearing to be held in front of the Police Chief or
his designee. Upon completion of said hearing, the Police Chief or
his designee acting as the Hearing Officer shall issue a recommendation
to the Borough's governing body to establish a penalty in connection
with said suspension or revocation.
b.
In the event that a party whose vehicle has been towed and stored
has a dispute with the towing operator over the fees and charges imposed
by said operator then said aggrieved party may appeal to the Police
Chief or his designee and be given the opportunity to be heard along
with said towing operator upon 10 days notice to both parties. The
Police Chief or his designee shall thereafter issue a determination
in writing including an appropriate remedy which shall be considered
the final determination of the municipality.
[Ord. #86-4, § 1]
Pursuant to the provisions of N.J.S.A. 40:67-16.9, a portion
of Wave Street from the intersection of Wave Street and Pennant Avenue
extending approximately one hundred (100') feet in a westerly direction
is hereby closed by the Borough. It has been determined that the closing
is necessary for the preservation of the public safety, health and
welfare.
[Ord. #86-4, § 1]
The proper signs shall be posted designating that the above-referenced
portion of Wave Street has been closed.
[Ord. #88-10, § 1]
It shall be unlawful for any person to:
a.
Provoke a breach of the peace on any public or private sidewalk,
street or parking lot within the Borough of Beachwood.
b.
Congregate with other persons on a public or private sidewalk, street
or parking lot with an intent to provoke a breach of the peace or
whereby a breach of the peace may be occasioned and refuse to move
from said public or private street, sidewalk or parking lot after
being requested to do so by any authorized "enforcing official."
c.
Congregate with other persons on a public or private sidewalk, street
or parking lot within the Borough of Beachwood so as to prevent the
free and unhampered passage along and over said sidewalk, street or
parking lot by the public.
d.
Refuse to move on when so ordered by any enforcement official, provided
that the enforcement official has exercised reasonable discretion
under the circumstances, in order to preserve or promote public peace
and order.
e.
For the purpose of this section, public sidewalks, streets and parking
lots shall include but are not limited to those sidewalks, streets
and parking lots under the control of the Board of Education, and
the Recreation Commission and any other municipal agency of the Borough.
f.
No person or persons, whether owner, tenant, occupant or guest, shall
suffer or take part in any riotous or other disorderly conduct that
shall disturb the peace and quiet of any family or neighborhood of
any of the inhabitants of this municipality.
[Ord. #88-10, § 1; Ord. #99-13, § 1]
It shall be unlawful for any person to drink, buy or consume
any alcoholic beverage or have in his or her possession any open alcoholic
beverage container with unconsumed alcoholic beverage contained therein
in the following places, locations; situations or settings:
a.
Upon any portion of lawn or public ground within the municipality,
including but not limited to public places, playgrounds, municipal
grounds surrounding municipal buildings, grounds under the control
of the Board of Education, grounds under the control of the Recreation
Commission, streets and sidewalks within the municipality and in grounds,
parks and recreation areas without the express consent of Mayor and
Council of the Borough of Beachwood.
b.
In a private motor vehicle not in operation but parked along any
public street, lane, parking area, parking lot or other public or
quasi-public place.
c.
Upon any private property not owned by such person without the express
permission of the owner or other person having authority to grant
such permission.
d.
At certain specifically designated recreation areas, the Mayor and
Council may issue a special permit for the consumption of alcoholic
beverages at a picnic or other activity sponsored by a nonprofit corporation
or organization, provided that proper application has been made for
same, and applicant is in compliance with all related requirements.
e.
No person shall discharge and alcoholic beverage container upon any
public street, lane, sidewalk, public parking lot or other private
property not his own without the express permission of the owner.
[Ord. #88-10, § 1]
It shall be unlawful for any person, by noisy or disorderly
conduct to, disturb or interfere with the quiet or good order of any
place of assembly, public or private, including schools, churches,
libraries and reading rooms.
[Ord. #88-10, § 1]
It shall be unlawful for any person to interfere with, hinder,
disturb or obstruct the processings, functions or deliberations of
the Borough Council, or any other official body of the Borough of
Beachwood, nor shall any person molest, obstruct, hinder or interfere
with any municipal official or officer engaged in the performance
of his duty or knowingly resist or oppose any person authorized by
law to make arrests or to serve any writ, bill, order or process when
the person so authorized is acting in the performance of his duty.
[Ord. #88-10, § 1]
It shall be unlawful for any person to write or cause to be
written any lewd or obscene word or words, mark or marks whatsoever
upon any house, building, wall, fence or other place in the municipality
or deface any structure by marks, drawings or graffiti.
[Ord. #88-10, § 1]
It shall be unlawful for any person to cast, shoot or throw
anything at, against or into any vehicle, airplane or other facility
of transportation with intent to damage said vehicle or the passenger
therein.
[Ord. #88-10, § 1]
It shall be unlawful for any person to place or throw or suffer
or permit the depositing of any stone, sticks, glass, snow or ice
or any hard, dangerous or offensive substance upon any street, avenue,
road, highway or other public thoroughfare; nor shall any person throw
any such object or substance at or against any person, vehicle of
transportation, building or other structure.
[Ord. #88-10, § 1]
It shall be unlawful for any person to at any time use any automobile,
truck or other vehicle located on any public or private highway, road
or street or any public or private lot or premises in the municipality
for sleeping or living purposes.
[Ord. #88-10, § 1]
It shall be unlawful for any person to urinate in the open or
on any public or private place, lot or premises, highway, road or
street in the municipality.
[Ord. #88-10, § 1]
It shall be unlawful for any person to at any time, undress
or change his or her clothes or wearing apparel on a beach or boardwalk
or in waters adjacent thereto or in any automobile, truck or other
vehicles located on any public or private highway, road, street or
any public or quasi-public lot or in the open on any public or private
lot or premises, highway, road or street in the municipality.
[Ord. #88-10, § 1]
a.
The making, creating or permitting of any unreasonably loud, disturbing
or unnecessary noise within the municipality is hereby prohibited.
b.
The making, creating or permitting of any noises of such character,
intensity or duration that is detrimental to the life, health or welfare
of any individual or which, either steadily or intermittently, annoys,
disturbs, injures or endangers the comfort, repose, peace or safety
of any individual is hereby prohibited.
[Ord. #88-10, § 1; Ord. #2011-09, § 1]
Unless exempted under the provisions of this chapter, no person
shall cause to be made, directly or indirectly, any of the following
noises which have been deemed to be unnecessary and in violation of
this chapter. Said enumeration shall not be deemed to be exclusive:
a.
Horns and signaling devices. The sounding of any horn or signaling
device of any automobile, motorcycle, street car or other vehicle
on any street or public place of the municipality, except as a danger
warning, the creation by means of any such signaling device of any
unreasonably loud or harsh sound and the sounding of any such device
for an unnecessary and unreasonable period of time.
b.
Sound-reproducing devices. The using, operating or permitting to
be played of any radio receiving set, musical instrument, phonograph,
live band, speaker system or other machine or device for the producing
or reproducing of sound in such a manner as to disturb the peace,
quiet and comfort of the neighboring inhabitants or, at any time,
with louder volume than is necessary for the convenient hearing of
the person or persons who are in the room, vehicle or chamber in which
such machine or devices operate and who are voluntary listeners thereto.
The operation of any such instrument as enumerated heretofore between
the hours of 10:00 p.m. and 8:00 a.m. Monday through Friday, and 10:00
p.m. and 9:00 a.m. Saturday and Sunday in such a manner as to be plainly
audible at a distance of one hundred (100') feet or more from the
vehicle or structure within which the same is located shall be prima
facie evidence of a violation of this section.
c.
Yelling and shouting. Yelling, shouting, hooting, whistling or singing
on public streets, particularly between the hours of 10:00 p.m. and
8:00 a.m. Sunday through Friday, and 11:00 p.m. and 8:00 a.m. on Saturdays
or at any time or place so as to annoy or to disturb the quiet, comfort
or repose of persons in any office or in any dwelling or other type
of residence or of any persons in the vicinity.
d.
Exhaust. The discharge into the open air of any exhaust of any steam
engine, stationary internal-combustion engine, motorboat or motor
vehicle, except through a muffler or other device which will effectively
prevent (loud) or explosive noises therefrom.
e.
Construction or repair. Operating or use of any pile driver, steam
shovel, pneumatic hammer, derrick, steam or electric hoist, power
tool or any tools or equipment which shall make any loud or disturbing
noise on any Sunday or Legal Holiday between the hours of 9:00 p.m.
and 9:00 a.m. in conducting any excavation, demolition, erection,
alteration, repair or other building operation within one thousand
(1,000') feet of any dwelling or business property, except in the
case of urgent necessity in the interest of public safety and then
only upon obtaining the consent of the proper authority of the municipality
or the Police Department of the municipality, as the case may be which
permission must be renewed every three days.
f.
Blowers. The operation of any noise-creating blower or power fan
or any internal-combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is multiple and such engine is equipped with
a muffler device sufficient to deaden such noise.
[Ord. #88-10, § 1; Ord. #2011-09, § 2]
Nothing herein contained shall be construed to apply to:
a.
The use of chimes by churches.
b.
Activities in the public parks, playgrounds or public buildings under
the permission or authority of the municipal officials.
c.
Activities of the municipal departments in performance of their duties,
drills or public demonstrations.
d.
Any public utility as defined in Title 48 of the Revised Statutes
of New Jersey or to any employee of such public utility when such
public utility or its employees shall be engaged in performing work
to prevent the threatened interruption of services or to terminate
the interruption of services rendered to its customers.
[Ord. #88-17, § 1]
a.
Purpose. The purpose of this section is to establish regulations
concerning the operation and maintenance of certain alarm systems
within the Borough of Beachwood and to provide penalties upon conviction
for violation of any of the provisions set forth herein.
b.
Definitions. For the purpose of this section, certain words and phrases
are defined as follows:
1.
ALARM SYSTEM - Shall mean any mechanical, electrical or electronic
device which is designed or used for the detection of any unauthorized
entry into a building, structure or facility, or for alerting others
about the commission of an unlawful act within a building, structure
or facility, or for alerting others about the existence of any other
condition requiring response of police, and which emits and/or transmits
an audible and/or visual signal or message when actuated. Alarm systems
include but are not limited to direct-dial telephone devices, audible
alarms and subscriber alarms.
2.
AUDIBLE ALARM - Shall mean a device that emits an audible signal
from the premises that it is designed to protect.
3.
DIRECT-DIAL ALARM - Shall mean a device that, when actuated, causes
a recorded message to be transmitted, via telephone to the Beachwood
Police Department stating that emergency response is necessary.
4.
EMERGENCY PHONE NUMBER - Shall mean the primary phone number advertised
to the public for requesting emergency services.
5.
FALSE ALARM - Shall mean an alarm signal, necessitating response
by the Beachwood Police Department, or other appropriate agency, where
an emergency situation does not exist. An alarm that has been activated
by an external source that is beyond the reasonable control of the
subscriber shall be considered false.
6.
SUBSCRIBER ALARM - Shall mean an alarm system that is terminated
by direct connection to the Beachwood Police Department, in accordance
with regulations prescribed in separate legislation.
7.
BOROUGH - Shall mean Borough of Beachwood.
8.
POLICE - Shall mean Beachwood Police Department.
[Ord. #88-17, § 2]
a.
It shall be the responsibility of all persons, entities, firms, corporations
or other groups that maintain alarm systems within the Borough, to
provide current information to the police, consisting of the names
and telephone numbers of responsible persons who may be contacted
in case of emergency, or who are authorized to provide service to
the alarm system; either must be on a 24 hour basis. This information
is to be filed with the police when the alarm system is initially
placed into service, and must be revised immediately whenever changes
are necessary.
b.
Audible alarms must be silenced within 30 minutes after a designated
responsible person is notified to do so by the police or, the alarm
system may be equipped with a timing device that will automatically
silence the audible alarm within thirty (3) minutes after it is actuated.
c.
The direct dial alarms shall not be connected to the Beachwood Police
Department emergency phone numbers. Direct dial alarms must be equipped
with a device that will prevent more than three repeated transmissions
of an alarm for the same emergencies to the Beachwood Police Department.
[Recorded messages must also include the name and telephone number
of a responsible person who may be contacted by the police in case
of any emergency, on a 24 hour basis.]
d.
It shall be the responsibility of all persons, entities, firms, corporations
or other groups that maintain alarm systems within the Borough to
prevent the transmission of false alarms through the program of training
and periodic inspection and maintenance of the system.
The maximum permissible number of false alarms from any one
location shall be as follows:
Two false alarms in any 30 day period; or Eight false alarms
in any one year period. False alarms in excess to these standards
shall be considered to be in violation of this section.
[Ord. #88-17, § 3]
The provisions of this section shall not apply to the general
alerting alarms that may be used by fire companies, ambulance squads,
or emergency management agencies, to summon response of their members.
The provisions of this section shall not apply to alarm systems that
are affixed to motor vehicles.
[Ord. #88-17, § 4]
Any person, entity, firm, corporation or other group that is
found guilty of violating any of the provisions of this section shall
be subject to a fine of not less than $50 nor more than $350. Each
incident shall be considered as a separate violation. In addition
to any penalty that may be ordered by the court, the Chief of Police
may authorize the disconnection of subscriber alarms from the Police
Department after giving written notice to the subscriber.
[Ord. #88-17, § 5]
The provisions contained herein shall apply equally to those
alarm systems that were placed in service prior to or subsequent to
the effective date of this section.
[Ord. #88-27, § 1; Ord. #2000-21]
In accordance with, and pursuant to the authority of N.J.S.A.
2C:35-5 and 2C:35-7, the Drug-Free Zone Map produced by Owen Little
& Associates, Inc. as Beachwood Borough Municipal Engineers under
date of November 27, 2000, Map. No. BHWDDFZM, is hereby approved and
adopted by the Borough of Beachwood as an official finding and record
of the location and areas within the municipality of properties which
are used for school purposes which are owned by or leased to any elementary
or secondary school or school board, areas within the municipality
of property that comprise any public housing facility, public park
or other public building and the areas within 500 feet of such public
property.
[Ord. #88-27, § 2; Ord. #2000-21]
The Drug-Free Zone Map approved and adopted pursuant to 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 and areas on or within five hundred
(500') feet of property that comprises a public housing facility,
public park or other public building 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 said properties in
the Drug-Free Zones.
[Ord. #88-27, § 3; Ord. #2000-21]
The school board or the chief administrative officer in the
case of any private or parochial school, the Board of Trustees of
the Public Library and any other public or quasi-public agency or
body having ownership and/or control of any public lands within the
Borough of Beachwood shall have the continued obligation to promptly
notify the Borough Engineer and the Borough Attorney of any changes
or contemplated changes in the location and/or boundaries of any public
property which creates a one thousand (1,000') foot or five hundred
(500') foot Drug-Free Zone.
[Ord. #88-27, § 4; Ord. #2000-21]
The Clerk of the Borough of Beachwood is hereby directed to receive and to keep on file the original map approved and adopted pursuant to subsection 3-16.1 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 further directed that a true copy of such map and of this section shall be provided to the County Clerk and to the Office of the Ocean County Prosecutor.
[Ord. #88-27, § 5; Ord. #2000-21]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to 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 that is, and continues to be,
used for school purposes.
3.
That such property is and continues to be used for school purposes.
4.
The location and boundaries of areas which are on or within one thousand
(1,000') feet of such school property.
5.
The location of property that comprises a public housing facility,
public park or other public building within the municipality.
6.
The boundaries of the real property that is, and continues to be,
used for public housing facility, public park or other public purposes.
7.
The location and boundaries of areas which are on or within five
hundred (500') feet of such public property.
b.
A prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of any offense defined in the statutes of this State including the use of a map or diagram other than the one approved and adopted pursuant to subsection 3-16.1 of this section. The failure of the map approved and adopted herein to depict the location and boundaries of any property which is, in fact, used for school purposes or for public purposes, or 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 or public housing facility, public park, or other public purposes within the municipality.
c.
The municipal engineer has complied with the statutory requirements
concerning the preparation, approval and adoption of a Drug-Free Zone
Map.
[Ord. #91-18, § 1; Ord. #91-21, § 1]
At the intersection or interception of two streets, no hedge,
fence, screening strip of wall higher than thirty (30") inches above
the edge of the road, nor any obstruction division, other than a post
not exceeding one square foot in area in cross section, nor shall
any tree branch be lower than eight (8') feet in height from the edge
of the road, be permitted on any lot within the triangular area formed
by two intersecting street lines bounding said lot (or the projection
of said lines) and by a line connecting a point on each street line
located twenty-five (25') feet from the intersection of the street
lines.
[Ord. #94-28, § 1]
As used in this section, the following definitions shall apply:
a.
CONVICTED OFFENDER - Shall mean any person who has been convicted
of a violation of the following statutes: N.J.S.A. 2C:14-2, N.J.S.A.
2C:14-3 and N.J.S.A. 2C:14-4, where the victim of said crime was a
person under the age of 18.
b.
PERMANENT RESIDENT - Shall mean any person who resides within the
Borough of Beachwood for more than 30 days in any one year.
[Ord. #94-28, § 2]
a.
Any convicted offender who becomes a permanent resident of the Borough
of Beachwood shall upon obtaining permanent residence status as defined
in this section register at the Beachwood Police Department. At the
time of registration the following information shall be supplied by
the convicted offender:
1.
Name and Social Security number;
2.
Street address;
3.
Driver's license number;
4.
Make, model and license plate number of any motor vehicle owned or
used;
5.
Nature of each and every offense committed;
6.
Date of each offense and date of each conviction;
7.
Date of release from custody;
8.
Prosecuting agency for each offense;
9.
Age of victim for each offense.
b.
Obligation to provide that information contained in paragraph a above
shall be a continuing obligation and any change in any of the information
so supplied shall be immediately reported to the Beachwood Police
Department.
[Ord. #94-28, § 3]
The Police Chief shall maintain a registry of convicted offenders containing the information required in subsection 3-18.2 of this section in alphabetical order by street name, which registry shall be available at all times for inspection by any person. A copy of the registry shall also be forwarded by the Police Chief of the Borough of Beachwood.
[Ord. #94-28, § 4]
Unless otherwise provided by law, statute or ordinance, any
person charged with violating any of the provisions of this section
shall, upon conviction thereof, pay a fine not less than $100 nor
more than $1,000 and be subject to imprisonment for any term not exceeding
90 days, or both.
[Ord. #97-10, § 1]
The purpose of the within section is to regulate the parking
of trucks, trailers and other similar vehicles and equipment of a
certain size upon the roadways within residential neighborhoods. Said
vehicles and equipment tend to block the view of other vehicles and
children playing in these neighborhoods as well as negatively impacting
the aesthetics of the residential neighborhood.
[Ord. #97-10, § 2]
As used herein, the reference to truck, tractor, tractor trailer,
trailer body, mobile home, house trailer (boat trailer), camper trailer,
bus or any similar vehicle or equipment means vehicles or equipment
having an overall length in excess of twenty (20') feet or a height
of more than nine (9') feet.
[Ord. #97-10, § 3]
There is hereby prohibited the parking of any truck, tractor,
tractor trailer, trailer body, mobile home, house trailer (boat trailer),
camper trailer, bus or any similar vehicle or equipment on any street
within any residential zone of the Borough of Beachwood. This shall
not apply to vehicles actively engaged in a commercial activity. Such
activities shall include (but not be limited to) delivery trucks actively
engaged in making a delivery, construction vehicles actively engaged
in a construction project or vehicles as described herein, actively
engaged in service calls.
[Ord. #97-10, § 4]
The within section shall not apply to any governmental entity
or agency.
[Ord. #97-10, § 5]
Any person who violates any one or more subsections of this
section shall be subject to a fine of not more than $1,000 for each
separate offense and/or confinement in the Ocean County Jail for a
period of not more than 90 days.
[Ord. #98-16, § 1; Ord. #2005-19, § 2]
The purpose of the within section is to prohibit the feeding
of geese, ducks and other wildlife, which create a nuisance condition
and discourage said geese, ducks and wildlife from migrating in a
natural manner.
[Ord. #98-16, § 2; Ord. #2005-19, § 2]
No person or persons shall feed, cause to be fed or provide
food for geese, ducks and wildlife on publicly owned lands within
the Borough of Beachwood.
[Ord. #98-16, § 3; Ord. #2005-19, § 2]
This section shall not be construed to prohibit humane acts
toward geese, ducks, or other wildlife on an individual basis, such
as the temporary nurturing of a wounded bird on one's own premises.
[Ord. #98-16, § 4; Ord. #2005-19, § 2]
No person shall abandon, leave or discard any geese, ducks or
wildlife on any private or public lands within the Borough of Beachwood.
[Ord. #98-16, § 5]
The Police Department, Code Enforcement Officer, Superintendent
of Public Works (or his authorized designee) and/or the Ocean County
Board of Health, are hereby authorized and directed to enforce the
provisions of this section.
[Ord. #98-16, § 6]
Any person who violates any one or more subsections of this
section shall be subject to a fine of not more than $100 for each
separate offense. Said convicted individual may be ordered to perform
community services not to exceed 10 days in duration.
[Ord. #2000-09, § 1; Ord. #2001-17, § 1]
Shall mean that period beginning at the time of impound shall
constitute the first date of impound. The next consecutive day of
impound shall begin at 12:01 a.m.
Shall mean all vehicles impounded per the Police Department
and which will be stored in the Borough impound yard. Those situations
warranting impoundment are abandonment, DWI offenders, serious and
fatal accidents, for evidentiary purposes, violation of Title 39 or
2C Statutes and any other seizure for investigative purposes. The
requesting officer will complete a standardized vehicle report detailing
the recovery reason and inventory of contents within the vehicle,
denoting damages and/or missing components.
Shall mean any automobile, motorcycle, omnibus, road tractor,
trailer, truck, truck tractor and vehicle as defined in R.S. 39:1-1.
Shall mean any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind or description.
Shall mean an enclosed area protected from access by unauthorized
persons on Borough property, monitored by Police Headquarters and
sufficiently posted concerning no trespassing/unauthorized entry into
enclosure.
Shall mean any real property within the Borough which is
not on a public street or highway.
Shall mean the entire width between the curbs or boundary
lines of every way publicly maintained when any part thereof is open
to the use of the public for purposes of vehicular traffic.
[Ord. #2000-09, § 2]
No person shall abandon any vehicle within the Borough of Beachwood
and no person shall leave any vehicle at any place within the Borough
for such period of time and under such circumstances as to cause such
vehicle to reasonably appear to have been abandoned. The abandonment
is therefore in direct violation of this Code.
[Ord. #2000-09, § 3]
No person shall leave any partially dismantled, inoperative,
wrecked or junked vehicle or any unregistered vehicle on any street
or highway within the Borough.
[Ord. #2000-09, § 4]
The Police Department shall cause to be created an impoundment
area to hold vehicles impounded by it until they can be disposed of
in accordance with applicable statutes of the State of New Jersey.
The aforesaid impounding area shall be enclosed by an eight (8') foot
high chain link fence with "No Trespassing" signs affixed to it and
under monitor surveillance camera to preclude theft or further damage
to such impounded vehicles.
[Ord. #2000-09, § 5; Ord. #2001-17, § 2]
a.
The Borough police impound yard storage area will be of sufficient
size to accommodate the needs of the Police Department and shall be
available during the hours of 9:00 a.m. to 4:00 p.m., Monday through
Friday (excluding holidays) for the release of the towed vehicles
to the owners, pursuant to this section. The impoundment/storage and
release of such vehicles will follow established guidelines in accordance
with Police Agency Standard Operating Procedures.
b.
While in storage, the Borough shall not assume any liability from
vehicle owner or person having legal right to the vehicle which is
beyond the Borough's control.
c.
The storage fee for the Borough police impound yard will be $25 per
day beginning with the first moment of impound, and $25 per day commencing
at 12:01 a.m. of each consecutive day.
[Ord. #2000-09, § 6]
a.
An employee of the Beachwood Police Department shall be assigned
to investigate the last title owner of the abandoned or junked vehicle
in an attempt to determine the person responsible for the abandonment
of each vehicle and to prosecute all culpable persons for any violation
of the State Motor Vehicle Act or this chapter specifically.
b.
Such taking of possession shall be reported to the Director of the
Division of Motor Vehicles on a form prescribed by him for verification
of ownership. When the vehicle remains unclaimed by the owner or other
person having a legal right, the same may be sold at auction in a
public place. The Beachwood Police Department designee shall give
notice of such sale by certified mail to the owner, if name and address
is known, and to holder of any security interest filed with the Director
of Division of Motor Vehicles, and by publication on a form prescribed
by one insertion, at least five days prior to the sale in one or more
newspapers published in this State and circulating in the Borough
in which such motor vehicle is being held.
c.
The Police Department shall also be responsible for the sale or disposition
of the impounded vehicles, with minimum bid starting at towing and
storage charges to date. If no minimum bid is received, then the best
offer may be accepted.
[Ord. #2000-09, § 7]
At any time prior to sale, the owner or other person entitled
thereto may reclaim possession of motor vehicle upon payment of costs
incurred for removal and storage of the vehicle and any fine or penalty
and court costs assessed against persons for violations giving rise
to seizure or taking possession of such vehicles.
[Ord. #2000-09, § 8]
If the Police Department, in its report to the Director of Division
of Motor Vehicles, certifies on an application prescribed by him that
such motor vehicle is incapable of being operated safely or of being
put in safe operational condition except at a cost in excess of the
value thereof, the Division shall, without further certification or
verification, issue to the Borough for a fee of $2 a junk title certificate
thereto, with proper assignment thereon, which shall be assigned and
delivered to the purchaser of the vehicle at public sale.
[Ord. #2000-09, § 9]
a.
Upon the sale of any motor vehicle for which no junk certificate
is issued, the Borough shall execute and deliver to the purchaser
an application for certificate of ownership prescribed by the Director
of the Division of Motor Vehicles in the same form and manner as provided
in R.S. 39:10A-15 which shall also contain the name and address, if
known, of the former owner.
b.
Such application shall be accepted by the Director of Division of
Motor Vehicles for issuance of a certificate of ownership upon their
established fee.
[Ord. #2000-09, § 10]
Upon the sale of a motor vehicle, claims of interest therein
shall be forever barred and the proceeds realized therefrom after
payment of expenses of possession and sale shall be remitted to the
Borough treasury as its sole property.
[Ord. #2000-09, § 11; Ord. #2001-17, § 3]
In accordance with subsection 3-12.8, call list for wrecker/towing service and established fees for towing (subsection 3-12.3), the respective towing agency shall submit an itemized bill to the Police Department Records Bureau for recording and forwarding to the Chief Financial Officer for payment within 45 days from date of invoice. These funds will be reimbursed to the municipal treasury upon disposition through release or auction of said vehicle inclusive of towing and storage fees.
[Ord. #2000-09, § 12]
Any person who violates any one or more sections of this ordinance
shall be subject to a fine of not more than $500 for each separate
offense and/or confinement in the Ocean County Jail for a period of
not more than 90 days.
[Ord. #2005-08, § 1]
The purpose of the within section is to protect the health,
safety and welfare of children within the Borough of Beachwood as
a result of there being no current State law concerning the prohibition
of convicted sex-offenders residing or living near areas where children
regularly meet and congregate.
[Ord. #2005-08, § 2; Ord. #2006-23, §§ 1,2]
a.
A person over the age of 18 years of age who has been convicted of
a violation of any crime against a minor as listed in N.J.S.A. 2C:7-2,
and who as a result of said conviction is required to register with
the proper authorities pursuant to N.J.S.A. 2C:7-1 et seq. shall not
be permitted to reside or live within one thousand (1,000') feet of
any school, park, playground or day-care center in the Borough. The
within prohibition shall also apply to school bus stops as designated
by the Toms River Board of Education. The distance prohibition shall
be five hundred (500') feet from said school bus stop.
b.
Any person who resides or lives within one thousand (1,000') feet
of any school, park, playground or day-care center in the Borough
shall have 60 days from receipt of written notice of the prohibition
set forth herein to move. Failure to move to a location which is in
compliance with this section within that time period shall constitute
a violation of this section. Additionally, any person who resides
or lives within five hundred (500') feet of a school bus stop as designated
by the Toms River Board of Education shall have 60 days from receipt
of written notice of the prohibition set forth herein to move. Failure
to move to a location which is in compliance with this section within
the time period shall constitute a violation of this section.
d.
Any person who violates any one or more subsections of this section
shall be subject to a fine of not more than $1,250 for each separate
offense and/or confinement in the Ocean County Jail for a period of
not more than 90 days.
[Ord. #2008-16, § 1]
The Borough's public buildings and certain public beaches, parks,
and recreation areas are for the enjoyment and use of the public in
a healthy and wholesome manner. The odors caused by persons who smoke
tobacco products and the litter caused by persons who improperly dispose
of cigarette butts on public properties significantly detract from
the wholesome, healthy environment and reduce the enjoyment of the
public properties for those who want to enjoy the healthy and wholesome
environment free of smoke related pollution. Smokeless tobacco also
poses a health and environment risk from those who properly dispose
of or spitting of tobacco juices.
[Ord. #2008-16, § 2]
a.
PUBLIC FACILITIES - The public facilities covered under the within
section are any and all municipal buildings, all public lands and
bathing beach located along the Toms River within the Borough, and
various parks and playgrounds including Mayo Park, Birch and Surf
Recreational, and Soccer Complex, Ocean Avenue Park, and Cherry Street
Park.
b.
SMOKING - The use of lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco and/or other similar products.
c.
SMOKELESS TOBACCO - An unlighted tobacco product also called spit
tobacco, chewing tobacco, chew, chaw, gip, plug coming in the form
of snuff (fine grain tobacco) and chewing tobacco (shredded, twisted
or "bricked" tobacco leaves).
[Ord. #2008-16, § 3]
No person shall use smokeless tobacco or smoke a cigarette,
cigar or other tobacco product upon the public facilities covered
by the within section. The within prohibitions will not apply to the
dock areas at the Community Center and to all outside areas surrounding
the Community Center. Additionally, the prohibition will not apply
to designated smoking areas established outside of various public
buildings throughout the Borough.
[Ord. #2008-16, § 4]
Notice of the smoking prohibition provided for in the within
section shall be conspicuously posted by a sign indicating "No Smoking"
or the international "No Smoking" symbol.
[Ord. #2008-16, § 5]
The violation of any provision of this section shall be punishable
by a fine of not more than $500 for each offense. Imprisonment in
addition to or in lieu of fine, may also be imposed, not to exceed
10 days for each violation.
[Ord. #2010-03]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels or storm drains) that is owned
or operated by Borough of Beachwood or other public body, and is designed
and used for collecting and conveying stormwater.
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. #2010-03]
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 Beachwood.
[Ord. #2010-03]
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. #2010-03]
This section shall be enforced by the Police Department and/or
other municipal officials of the Borough of Beachwood.
[Ord. #2010-03]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
[Ord. No. 2016-04 § 1]
Shall mean the acquisition of information by use of one or
more sensing devices.
Shall mean an unmanned aircraft that can fly under the control
of a remote pilot or by a geographic positions system ("GPS") guided
autopilot mechanism, and that is equipped with any sensing device
or capable of any data collection.
Shall mean a device capable of acquiring data from its surroundings.
Sensing devices include, but are not limited to, cameras, microphones,
thermal detectors, chemical detectors, radiation gauges, and wireless
receivers in any frequency (including cellular, WiFi, or other data
frequencies).
Shall mean an unmanned vehicle or device of any size that
is capable of remote-control flight by any means and that does not
possess any sensing device and is not capable of any data collection.
[Ord. No. 2016-04 § 2]
a.
Except as otherwise provided in subsection 3-25.3, drones are prohibited from flying in any airspace below 400 feet within the Borough of Beachwood.
[Ord. No. 2016-04 § 3]
a.
This section shall not prohibit the constitutional use of drones
and unmanned aircraft by any law enforcement agency or emergency services
organization of or servicing the Borough of Beachwood, the State of
New Jersey, or the United States of America for lawful purposes and
in a lawful manner.
b.
This section shall not prohibit any Federal, State, County or municipal
agency from the use of drones and unmanned aircraft for any lawful
and authorized purpose pursuant to applicable regulation.
c.
This section shall not prohibit individuals and entities from the
use of drones during daylight hours for business purposes in the airspace
within the boundary lines of private commercial or residential property
with the property owner's consent, except that data collection shall
be limited to data collection of and relating to the properties that
provide consent thereto alone.
d.
Notwithstanding the provisions of this section, the authorized and
lawful operation and use of drones for commercial, business, educational,
scientific, research, environmental, and personal purposes pursuant
to and in accordance with specific FAA regulations, if any.
e.
This section shall not prohibit the use of unmanned aircraft by:
1.
Any Federal, State, County or Municipal agency, including, but not
limited to, law enforcement and emergency services agencies, for lawful
purposes and in a lawful manner; or
2.
An owner of private property in the Borough of Beachwood in the airspace
within the boundary lines of that property or in the airspace within
the boundary lines of private property in Beachwood with that property
owner's consent.
[Ord. No. 2016-04 § 4]
A violation of this section shall be punishable by a maximum
fine of $1,000 and/or up to 90 days in jail.
[Added 3-13-2021 by Ord.
No. 2021-03]
No person shall, for any purpose, including hunting, taking
or killing any fowl or animal, discharge a firearm, gun rifle or bow
and arrow, or any device likely to cause injuries to human beings,
in any part of this municipality, except the following:
[Added 3-13-2021 by Ord.
No. 2021-03]
Nothing hereinabove set forth shall be construed to permit hunting
and gunning in this municipality in violation of any laws of the State
of New Jersey pertaining to fish and game, and more particularly and
without limiting the generality of the foregoing, no person shall,
for the purpose of hunting, taking or gunning any fowl or animals,
have in his or her possession while within 450 feet of any occupied
dwelling or while within 1,000 feet of a school playground, or shall
any person, for the purpose of hunting, taking or killing any fowl
or animals, discharge any firearm upon or across any state, county
or municipal highway or street in such areas of the municipality where
hunting is not otherwise specifically prohibited.
[Added 3-13-2021 by Ord.
No. 2021-03]
Any person violating a provision of this section shall, upon
conviction, be subject to a fine not exceeding $1,000 or by imprisonment
in the county jail for a term not exceeding 90 days, or both, in the
discretion of the Judge of the Municipal Court before whom such conviction
is made.
