[Ord. No. 1439 § 1]
It shall be unlawful for any person, persons, company, corporation
or other body of individuals to make or cause to be made or permit
to be made, any unnecessary, unreasonably loud, disturbing noise which
either annoys, injures or endangers the comfort, repose, health or
welfare of others.
[Ord. No. 1439 § 2;
amended 12-21-2020 by Ord. No. 20-33]
a.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this section or subject to restricted or regulated
use, but this enumeration shall not be deemed to be exclusive, namely:
1.
The playing of any radios, tape players, compact disc players, phonographs,
amplified musical instruments, motor vehicle sound systems or similar
devices:
(a)
In such a matter as to create a noise disturbance across the
real property boundaries or within a noise sensitive zone;
(b)
When played in any motor vehicle in such a manner as to create
a noise disturbance outside of the vehicle or as to be plainly audible
at a distance of 50 feet in any direction from the operator between
any hours of the day or night;
(c)
When played on any street or sidewalk, playground, school, park
or common area of any building or public space or right-of-way in
such a manner as to be plainly audible at a distance of 50 feet in
any direction from the operator at any time of day or night;
(d)
When played in any residential neighborhood so as to be plainly
audible at a distance of 25 feet or at the next adjoining full property
line between the hours of 10:00 p.m. and 8:00 a.m.
2.
The following activities shall be allowed with restrictions:
(a)
Non-commercial or non-industrial power tools and landscaping
and yard maintenance equipment shall not be operated between the hours
of 9:00 p.m. and 8:00 a.m. All motorized equipment used in these activities
shall be operated with a muffler;
(b)
Commercial or industrial power tools and landscaping and yard
maintenance equipment, excluding emergency work, may not be operated
on a residential property or within 200 feet of a residential property
line when operated on commercial or industrial property between the
hours of 9:00 p.m. and 8:00 a.m. on weekdays, or between the hours
of 8:00 p.m. and 7:00 a.m. on Saturdays and is prohibited on Sundays;
(c)
Motorized snow blowers, snow throwers and lawn equipment with
attached snowplow shall operate at all times with a muffler;
(d)
An exterior burglar alarm of a building or motor vehicle must
be activated in such a manner that the burglar alarm terminates its
operation within five minutes for continuous airborne sound and 15
minutes for impulsive sound after it has been activated.
3.
The keeping of any animal or bird causing frequent or long continued
noise which disturbs the comfort and repose of any person within the
vicinity.
4.
The shouting of peddlers, hawkers and vendors, which disturbs the
peace and quiet of the neighborhood.
5.
The sounding of any horn or single device on any automobile or other
motor vehicle while not in motion, except as a dangerous signal for
unnecessary and unreasonable periods of time.
6.
For purposes of this section, Noise Disturbance shall mean any sound
which endangers or injures the safety or health of humans or animals
or disturbs a reasonable person of normal sensibilities.
7.
The following acts are prohibited in the Township:
(a)
Possessing or carrying a "boom box" or other self-contained
hand held music or sound amplification system or reproduction equipment
which is in operation on any street, sidewalk, school, playground
or public area; or
(b)
Installing or possessing or operating in any motor vehicle garage
in the Township, a radio, tape player, sound system or other sound
amplification or reproduction equipment for a sound system other than
the original equipment in which:
(1)
The number of speakers exceeds six;
(2)
Any speaker exceeds 6 1/2 inches in width or height or
exceeds 100 watts in power output;
(3)
Any speaker that is external to the passenger compartment;
(4)
Boom boxes shall mean any radio, tape player, compact disc player
or loud speakers in combination of radio, tape player, compact disc
player, loud speakers or similar devices; and is:
8.
This section shall not prohibit:
(a)
Any parade or concert or concert practice providing the Neptune
Township Police Chief receives notice at least two days in advance;
(b)
Any event sponsored or conducted by the Township, State of New
Jersey or any other governmental agency;
(c)
Any event conducted by any Block Association or Civic Association
providing that the Neptune Township Police Chief receives notice and
the Township Committee has approved by resolution at least 10 days
in advance.
[Ord. No. 1439 § 3;
New; amended 12-21-2020 by Ord. No. 20-33]
a.
Any person, firm or corporation violating any of the provisions of
this Section shall be subject to a fine not exceeding $2,000; a term
of imprisonment not exceeding 90 days or a period of community service
not exceeding 90 days or any combination thereof. If the violation
is of the continuing nature, each day or portion of each day during
which it occurs shall constitute an additional separate and distinct
offense.
b.
No provision in this section/chapter shall be construed to impair
any Common Law Statutory Causes of Action or legal remedy therefrom
of any person for injury or damage arising from any violation of this
section/chapter or from other law. Nothing in this section shall prohibit
or impair the municipality from taking other actions allowed by law,
including but not limited to civil actions and injunctive relief that
can be sought in the Superior Court of New Jersey or Federal Court.
[Added 12-21-2020 by Ord.
No. 20-33]
If any provision or portion of a provision of this section/chapter
is held to be unconstitutional, preempted by Federal or State Law
or otherwise invalid by any Court of competent jurisdiction, the remaining
provisions of this section/chapter shall not be invalidated.
[Ord. No. 1413 Preamble; Ord. No. 08-42]
The Township Committee has determined that noise from construction
with the accompanying operation of heavy equipment and power equipment
is injurious to the health and welfare of the citizens of Neptune
Township.
Construction or repair of buildings before 8:00 a.m. and after 7:00 p.m. shall be prohibited, except as set forth in subsection 3-2.3.
[Ord. No. 1413 § 1; Ord. No. 08-42]
As used in this section:
Shall mean those instruments or tools used in the construction
industry for the facilitation of major repairs or buildings.
Shall mean those instruments or tools used in the construction
industry which are operated by electricity, etc. for the facilitation
of major repairs or buildings.
[Ord. No. 1413 § 2; Ord. No. 08-42]
Heavy equipment or power equipment used for construction may
not be used before 8:00 a.m. and after 7:00 p.m. Monday through Friday.
Such activity shall not be allowed prior to 9:00 a.m. and after 4:00
p.m. on Saturdays between Memorial Day and Labor Day of each year.
The balance of the year in this activity shall not be allowed before
8:00 a.m. and after 7:00 p.m. on Saturdays. Heavy equipment or power
equipment used in construction may not be used all day on Sundays,
Memorial Day, Labor Day and the 4th of July.
[Ord. No. 1413 § 3; Ord. No. 08-42]
Construction or repair of buildings shall include the erection,
including excavation, demolition, alteration or repair of any building.
This should not be interpreted to include the natural and normal maintenance
and care a homeowner may affect upon his lawn or home.
[Ord. No. 1413 § 4]
a.
In case of urgent necessity in the interest of public health and
safety and then only with a permit from the Township Inspector, which
permits may be granted for a period not to exceed three (3) days while
the emergency continues and which permit may be renewed for periods
of three (3) days or less while the emergency continues.
b.
Nothing in this section shall limit the Township's ability to deploy
its employees when acting in the furtherance of the Township's interest.
c.
Nothing in this section shall limit the ability of a utility company
from acting in furtherance of the Township's interest.
[Ord. No. 1413 § 6;
New; Ord. No. 08-42]
Except as heretofore permitted in an emergency, the erection
including excavation, demolition, alteration or repair of any building
is hereby prohibited on Sunday, Memorial Day, Labor Day and the 4th
of July. This should not be interpreted to include the natural and
normal maintenance and care a homeowner may effect upon his lawn or
home.
[Ord. No. 1413 § 6;
New]
[Ord. No. 814 § 1]
When there exists in the Township a state of disaster or emergency,
brought about by natural causes or by the action of any person or
persons, and such state of disaster or emergency causes or may cause
violence and injury to be inflicted upon people in the Township and
causes or may cause damage and destruction to property of the people
of the Township, and in order to preserve the public peace and order,
to prevent and quell riots, disturbances and disorderly assemblages,
all being against the health, safety and welfare of the people of
the Township, then, in that event, the Mayor shall have the authority
to declare that a state of disaster or emergency exists and the Mayor
shall have the authority and be empowered to do the following:
a.
Issue orders, proclamations, rules and regulations as are necessary
to meet the various problems which have or may be presented by the
emergency.
b.
Issue orders or proclamations regulating the hours during which persons
shall be prohibited from remaining upon the public streets, ways and
places in the Township.
c.
Issue orders or proclamations regulating the hours during which vehicular
traffic shall be prohibited or restricted from traveling over the
streets in the Township.
d.
Issue orders or proclamations regulating the hours during which all
businesses licensed by the Township to dispense in any way alcoholic
beverages, shall be closed to business.
e.
Issue orders or proclamations regulating the hours during which all
sales of gasoline by gasoline service stations in the Township shall
be closed to business.
f.
Issue orders or proclamations to be in effect until it is declared
that such an emergency no longer exists.
g.
Issue orders or proclamations prohibiting persons, other than those
authorized by law, to carry on or about his clothes or person or otherwise
have in his possession or under his control alcoholic beverages, narcotics,
firearms, weapons which may cause injuries to persons or property,
explosives or incendiary devices of any kind during the emergency.
[Ord. No. 814 § 2]
The Mayor, upon declaring that a state of disaster or emergency
exists in the Township, shall forthwith notify local newspapers and
local radio stations and request that the announced state of disaster
or emergency be publicized at once.
[Ord. No. 814 § 3]
The judgment of the Mayor that a state of disaster or emergency
exists within the Township and that it has caused or is likely to
cause injury and damage to person and property within the Township,
shall be final and absolute.
[Ord. No. 814 § 4]
After the Mayor has declared that a state of disaster or emergency
exists in the Township, and has issued an order or proclamation regulating
the movements of persons or vehicles in or about the Township, or
the dispensing by licensed persons of alcoholic beverages therein,
or the sale of gasoline by gasoline service stations in the Township,
or for persons to carry on or about his/her clothes or person or otherwise
have in his/her possession or under his/her control alcoholic beverages,
narcotics, firearms, weapons which can cause injuries to persons or
property, explosives or incendiary devices of any kind in the Township,
it shall be unlawful and a violation of this section for any person
to be upon the streets, ways or places in the Township, to drive vehicles
over the streets in the Township, to carry on or about his/her clothes
or person or otherwise have in his/her possession or under his/her
control alcoholic beverages, narcotics, firearms, weapons which can
cause injuries to persons or property, explosives or incendiary devices
of any kind in the Township, to dispense alcoholic beverages or to
sell gasoline at any gasoline service station during the hours prohibited
by the order or proclamation, unless otherwise permitted by the Township.
[Ord. No. 814 § 5;
New]
[Ord. No. 1397; Ord. No. 11-45]
This section shall be known and may be cited as the "Curfew
Ordinance of the Township of Neptune."
[Ord. No. 1397 § 2; Ord. No. 11-45]
As used in this section:
Shall mean a person under the age of eighteen (18), or an
equivalent phrasing often herein employed, any person seventeen (17)
or less years of age.
Shall mean any person having legal custody of a minor:
Shall mean a way or place, of whatsoever nature, open to
the use of the public as a matter of right for purposes of vehicular
traffic or in the case of sidewalk thereof for pedestrian travel.
The term street includes the legal right-of-way, including but not
limited to, the cartway or traffic lanes, the curb, the sidewalks
whether paved or unpaved, and any grass plots or other grounds found
within the legal right-of-way of a street. The term "street" applies
irrespective of what it is called or formally named, whether alley,
avenue, court, road or otherwise. The term street also includes the
boardwalk, shopping areas, parking lots, public buildings, and similar
areas that are open to the use of the public.
Shall mean and is based upon the prevailing standard of time,
whether Eastern/Standard Time or Eastern/Daylight Savings Time, generally
observed at that hour by the public in the Township, or then observed
in the police station.
Shall mean the Township of Neptune, Monmouth County, State
of New Jersey, a municipal corporation of the State of New Jersey
with its principal office located at 25 Neptune Blvd., Neptune, New
Jersey.
Shall mean and continue from one (1) birthday, such as the
seventeenth, but not including the day of the next, such as the eighteenth
birthday; making it clear that seventeen (17) or less years of age
is herein treated as equivalent to the phrase "under eighteen years
of age." Similarly, for example, thirteen (13) or less years of age
means under fourteen (14) years of age.
[Ord. No. 1397 § 3; Ord. No. 11-45]
a.
It shall be unlawful for any persons seventeen (17) or less years
of age to be or remain in or upon the public streets, highways, roads,
public places and/or public buildings, places of amusement and/or
entertainment, public transportation facility, public vehicles used
for transportation, vacant lots or other public places within the
confines of the Township at night, during the period ending at 6:00
a.m. and beginning:
b.
In addition, it shall be unlawful for any parent or guardian to allow
or permit any minor to be in or upon any public streets, highways,
roads, public places and/or public buildings, places of amusement
and/or entertainment, public transportation facility, public vehicles
used for transportation, vacant lots or other public places within
the confines of the Township at any time during the hours in which
said minor's school is in session, unless such minor has been officially
excused (excluding suspension and expulsion) from attendance at such
school by school authorities.
c.
Similarly, it shall be unlawful for any owner, operator or employee
of an establishment to knowingly allow or permit any minor to remain
in or upon such establishment at any time during the hours in which
such minor's school is in session, unless such child has been officially
excused (excluding suspension and expulsion) from attendance at such
school by school authorities.
[Ord. No. 1397 § 4; Ord. No. 11-45]
In the following exceptional cases, a minor on a Township street during the periods of time prohibited under subsection 3-5.3, shall not, however, be in violation of the curfew regulations when any of the following shall occur:
a.
When accompanied by a parent of such minor.
b.
When accompanied by an adult authorized by a parent of such minor
to take the parent's place in accompanying the minor for a designated
period of time and purpose within a specified area.
c.
When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly. Such minor shall evidence the bona fides
of such exercise by having in his/her possession a written communication,
signed by such minor and countersigned, if practicable, by a parent
of such minor with their home address and telephone number, specifying
when, where and in what manner the minor will be on the streets at
night, an exercise of a First Amendment right specified in such communication.
d.
When the minor is returning home from a night school, fraternity,
church, social or school meeting, or is en route to or returning from
a doctor or dentist office, where treatment has been rendered or is
to be rendered by such doctor or dentist, provided such minor can
evidence the rendering of treatment or the need for treatment by a
physician's statement.
e.
When the minor is no more than fifty (50') feet from the minor's
place of residence.
f.
When the minor carries a certified card of employment or worker's
permit, pursuant to State Law.
g.
When the minor is, with parental consent, in a motor vehicle. This
contemplates normal travel. This clearly exempts bona fide interstate
movement through the Township and interstate travel beginning or ending
in the Township.
[Ord. No. 1397 § 5; Ord. No. 11-45]
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or by inefficient control to allow such
minor to be or remain in or upon any Township public streets, highways,
roads, public places and/or public buildings, places of amusement
and/or entertainment, public transportation facility, public vehicles
used for transportation, vacant lots or other public places within
the confines of the Township under circumstances not constituting
an exception, or otherwise beyond the scope of, the curfew. The term
"knowingly" includes knowledge which a parent would reasonably be
expected to have concerning the whereabouts of a minor in the parent's
legal custody. It is intended to continue to keep neglectful or careless
parents up to a reasonable community standard of parental responsibility
through an objective test. It is no defense that a parent was completely
indifferent to the activities, conduct or whereabouts of such minor.
[Ord. No. 1397 § 6; Ord. No. 11-45]
If a Police Officer reasonably believes that a juvenile is in
or upon the public streets, highways, roads, public places and/or
public buildings, places of amusement and/or entertainment, public
transportation facility, public vehicles used for transportation,
vacant lots or other public places within the confines of the Township
in violation of the curfew regulations, the Officer shall notify the
juvenile that he or she is in violation of the regulations and shall
require the juvenile to provide his or her name, address and telephone
number and how to contact his or her parent or guardian. In determining
the age of the juvenile and, in the absence of convincing evidence
such as a birth certificate or driver's license, a Police Officer
on the street shall use his or her best judgment in determining age.
If the Officer determines that a person is in violation of this section
he/she shall take the juvenile to the police station, where a parent
or guardian shall immediately be notified to come for the juvenile,
and whereupon they shall be questioned. This is intended to permit
ascertainment, under constitutional safeguards, of relevant facts
and to centralize responsibility in the person designated there and
then on duty for accurate, effective, fair, impartial and uniform
enforcement and recording, thus making available experienced personnel
and access to information and records.
a.
Police procedures shall constantly be refined in the light of experience
and may provide that the Police Officer may deliver to a parent or
guardian thereof a juvenile under appropriate circumstances, for example,
a juvenile of tender age near home whose identity and address may
readily be ascertained or are known.
b.
A Police Officer discharging an enforcement obligation under this
section shall file a written report with the Chief of Police or his/her
designee or shall participate to the extent of the information for
which he/she is responsible in the preparation of a report on the
curfew violation. It is not the intention of this section to require
extensive reports that will prevent Police Officers from performing
their primary police duties. The reports shall be as simple as is
reasonably possible and may be completed by police departmental personnel
other than sworn Police Officers.
c.
When a parent or guardian, immediately called, has come to take charge
of the juvenile, and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent. If the
parent cannot be located or fails to take charge of the juvenile,
then the juvenile shall be released to the juvenile authorities, except
that in accordance with police regulations, approved in advance by
juvenile authorities, the juvenile may temporarily be entrusted to
an adult relative, neighbor or other person who will on behalf of
a parent or guardian assume the responsibility of caring for the juvenile
pending the availability or arrival of a parent or guardian.
d.
In the case of a first violation by a juvenile, the Chief of Police
or his/her designee shall send, by certified mail, to the parents
or guardian of the minor, written notice of the violation with a warning
that any subsequent violations will result in full enforcement of
the curfew regulations, including enforcement of parental responsibility
and of applicable penalties.
[Ord. No. 11-45]
There shall be a presumption that whenever a minor has been
convicted of a violation of this section, the parents, guardians,
or other adult persons having care of the minor knew or should have
known of the minor's violation of this section if the minor had been
convicted on a prior occasion within six (6) months of the date of
the present violation.
[Ord. No. 1397 § 8; Ord. No. 11-45]
a.
If, after receipt of a warning notice pursuant to subsection 3-5.6 of a first violation by a juvenile, a second curfew violation is adjudicated against the same minor, the parents or guardian of the minor shall be subject to prosecution under subsection 3-5.5. For the first parental offense a parent shall be subject to a mandatory fine of not less than eighty ($80.00) dollars and for each subsequent offense by a parent there shall be a mandatory Municipal Court appearance with any penalties to be assessed by the Judge of the Municipal Court, in accordance with Section 1-5. The Judge of the Municipal Court, upon finding a parent guilty, may sentence the parent to pay this fine and the costs of prosecution.
b.
If a minor has been found to be in violation of this section on a
second occasion within a six (6) month period, that minor shall receive
a summons and complaint from the Police Officer who apprehended the
minor for the violation of this section. The Judge of the Municipal
Court, upon finding the minor guilty, may sentence the minor to perform
community service for a period not to exceed ninety (90) days.
c.
In addition, any juvenile who shall violate any of the provisions
of the curfew regulations more than three (3) times shall be reported
by the Chief of Police or his/her designee to the juvenile authorities
as a juvenile in need of supervision and the Chief of Police or his/her
designee may proceed to file such charges with the Superior Court
of New Jersey, Family Part, Monmouth County, as he/she may deem appropriate.
[Ord. No. 1397 § 8; Ord. No. 11-45]
Notice of the existence of this section and of the curfew regulations
established by it shall be posted in, on or about such public or quasi-public
places as may be determined by the Chief of Police or his/her designee,
in order that the public may be constantly informed of the existence
of this section and its regulations.
[Ord. No. 480 §§ 1,
2]
a.
It shall be unlawful for any person under the age of twenty-one (21)
years to consume or to have in his or her possession any alcoholic
beverages in or upon any street, park, footway, or other public or
quasi-public place within the Township.
b.
It shall be unlawful for any person under the age of twenty-one (21)
years to consume or to have in his or her possession any alcoholic
beverage while in a motor vehicle on any street or while in motor
vehicle in any public or quasi-public place in the Township.
[Ord. No. 480 § 3;
New]
[Ord. No. 1100 § 1]
No person shall, within the limits of the Township, consume
any liquor, wine, beer or any other alcoholic beverage, or have in
his or her possession any unsealed or open bottle, can, jar or any
other vessel containing liquor, wine, beer or alcoholic beverage,
or discard any alcoholic beverage container:
a.
While in or on a public street, lane, roadway, avenue, sidewalk,
public parking place, park, playground, recreation area or any other
public or quasi-public place or in any public conveyance; or upon
any lane owned or occupied by any Federal, State, County or municipal
government.
b.
While in a private motor vehicle while the same is in motion or parked
in any public street, lane, public parking lot or other public or
quasi-public place.
c.
While upon any private property, not his own, without permission
of the owner or other person having authority to grant such permission.
d.
While in or about any other public or quasi-public place or place
to which the public is invited, including but not limited to any business,
banking, church, institutional, commercial or professional premises
or athletic events, contests or exhibition except when such consumption
or possession is with the express permission of the owner or other
body, board or person having the authority to grant such permission.
[Ord. No. 1100 § 2]
For the purpose of this section, a container shall be regarded
as unsealed when its top or cork has been removed; or any of its contents
have been removed; or the government tax stamp has been removed or
broken; or, in the case of a metal container, when the container has
been opened in any fashion; or, in the case of a twist-top container,
when the original seal has been broken.
[Ord. No. 1100 § 3]
No person shall discard any bottle, can, jar or other vessel
used to contain liquor, wine, beer or any other alcoholic beverage
upon any public street, lane, sidewalk, public parking lot, quasi-public
place or upon any private property not his or her own without the
express permission of the owner or any person having authority to
grant such permission.
[Ord. No. 1100 § 4]
The prohibitions contained in subsection 3-7.1 above shall not apply to any conveyance or place specifically licensed for the consumption of alcoholic beverages in accordance with the provisions of N.J.S.A. 33:1-1 et seq.
[Ord. No. 1100 § 5]
Any individual, firm or corporation, who or which suffers, aids,
abets or permits any person to violate any provision of this section
shall also be deemed in violation of this section.
[Ord. No. 1100 § 8;
New]
[Ord. No. 1120 §§ 61,
62; Ord. No. 95-27 § 1]
a.
No person shall operate a bicycle, roller-blades or a skateboard
in the following designated areas from May 1 to October 1, between
the hours of 10:00 a.m. and 3:00 a.m.
1.
On the Ocean Grove Boardwalk within the boundaries of the Township
of Neptune between the boundaries of the City of Asbury Park and Borough
of Bradley Beach.
[Ord. No. 06-42 § 1]
No person shall cause a bicycle, moped, skateboard, scooter
or motorized scooter to be chained, anchored, or otherwise locked
or attached to a lamp post, light post or any type of decorative stanchion
on any street, road or avenue in the Township of Neptune.
[Ord. No. 12-19]
a.
No person shall use a skateboard or roller-blade on public property
unless the use of a skateboard or roller-blade on such property is
authorized by ordinance, or is otherwise authorized by the governmental
agency responsible for such property. The term "public property" includes
parking areas, parking lots, steps, walkways and ramps that provide
access to buildings, and recreational areas not designated for skateboard
and roller-blade use. The term "public property" does not include
public roads, highways, sidewalks abutting private property, or bicycle
and/or skateboard paths.
b.
Any person authorized to enforce ordinances may issue a summons to
any person in violation of this section. In addition, whenever a police
officer has probable cause to believe a skateboard or roller-blade
was used or is being used in violation of this section the officer
may seize the item.
[Ord. No. 644 §§ 1,
2]
a.
It shall be unlawful for any person, persons, firm or corporation
in charge of, or occupying, any boat within the territorial limits
of the Township to discharge or release any feces, excrement, ordure,
fecal matter, effluent material, manure, urine, or any impure, nasty,
foul, squalid, dirty, polluted, filthy, unclean, soiled, tarnished,
stained, sullied, rank, fetid, or putrid material or liquid in any
of the waters or upon any land, docks, piers, or wharves within the
territorial limits.
b.
Every person, firm or corporation in charge of, or occupying, any
boat within the territorial limits of the Township shall keep all
heads, toilets, toilet and washing facilities locked, closed and not
used on any boat while within the territorial limits.
[Ord. No. 644, § 3;
New]
[Ord. No. 1614 §§ 1,
2]
a.
It shall be unlawful for any person to sell, furnish, transfer or
provide any chemical irritant, device, canister, container or implement
to a person under the age of eighteen (18) years within the limits
of the Township.
b.
It shall be unlawful for any person to discharge or cause to be discharged
within the limits of the Township any chemical irritant not consistent
with its lawful use.
[Ord. No. 1614 § 3;
New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. Any violation by a juvenile offender shall constitute juvenile delinquency and shall be prosecuted as provided by the Juvenile and Domestic Relations Court Law, N.J.S.A. 2A:4.
[Ord. No. 222 § 1; Ord. No. 1399]
It shall be unlawful for any person or persons to hunt, gun
or attempt to hunt or gun any animal, bird or fowl of any kind or
character, or to discharge or cause to be discharged any pistol, rifle,
shotgun or any other firearm of any kind or description whatsoever,
within the territorial limits of the Township.
[Ord. No. 1464 § 1; Ord. No. 95-8 § 1; Ord. No. 98-37 § 2; Ord.
No. 2015-23]
In accordance with and pursuant to the authority of L. 1988,
c. 44 (C.2C:35-7), and L. 1998, the Drug-Free Zone Map produced on
or about May 14, 2015, prepared by Leanne Hoffmann, Township Engineer,
is hereby approved and adopted as an official finding and record of
the location and areas within the municipality of property which is
used for:
a.
School purposes and which is owned by or leased to any elementary
or secondary school or School Board, and of the areas on or within
one thousand (1000') feet of such school property.
b.
Public housing facilities owned by or leased to a local housing authority,
public parks owned and controlled by a State, County or local government
unit, publicly owned or leased library or museum, and of the areas
on or within five hundred (500') feet of such property.
[Ord. No. 1464 § 2; Ord. No. 98-37 § 3]
The Drug-Free Zone maps approved and adopted pursuant to subsection 3-13.1 of this section shall continue to constitute an official finding and record as to the location and boundaries or areas:
a.
On or within one thousand (1000') feet of property owned by or leased
to any elementary or secondary school or School Board which is used
for school purposes;
b.
On or within five hundred (500') feet of property owned by or leased
to a local housing authority which is used as a public housing facility,
property owned and controlled by a State, County or local government
unit which is used as a public park or publicly owned or leased library
or museum until such time if any that this section shall be amended
to reflect any additions or deletions with respect to the location
and boundaries of school property and Drug-Free zones.
[Ord. No. 1464 § 3]
The School Board, or the Chief Administrative Officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Township Engineer
and the Township Attorney of any changes or contemplated changes in
the location and boundaries of any property owned by or leased to
any elementary or secondary school or School Board and which is used
for school purposes.
[Ord. No. 1464 § 4]
The Township Clerk is hereby directed to receive and to keep on file the original of the Map approved and adopted pursuant to subsection 3-13.1, and to provide at a reasonable cost a true copy thereof to any person, agency or Court which may request such a copy, along with a certification that such copy is a true copy of the Map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such Map and of this section shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.
[Ord. No. 1464 § 5; Ord. No. 98-37 § 4]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the Map approved and adopted pursuant to subsection 3-13.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such Map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or a School Board;
3.
That such school property is and continues to be used for school
purposes;
4.
The location and boundaries or areas which are on or within one thousand
(1000') feet of such school property;
5.
The location of public housing facilities owned by or leased to a
local housing authority;
6.
The location of public parks owned and controlled by a State, County
or local government unit;
7.
The location of a publicly owned or leased library or museum;
8.
The location and boundaries or areas which are on or within five
hundred (500') feet of such public housing facilities, public parks,
public library or public museum.
b.
Except as otherwise expressly noted on the face of the approved and
adopted Map, all of the property depicted on the Map approved and
adopted herein as school property was owned by (or leased to) a school
or School Board and was being used for school purposes as of July
9, 1987, that being the effective date of L. 1987, c. 101 (C. 2C:35-7).
c.
Pursuant to the provisions of L. 1988, c. 44 and L. 1998 _____, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-13.1. The failure of the Map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board or is a public park owned and controlled by a State, County or local government unit or is a public housing facility owned by or leased to a local housing authority or is a publicly owned or leased library or museum, 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 is not a public park owned and controlled by a State, County or local government unit or is not a public housing facility owned by or leased to a local housing authority or is not a publicly owned or leased library or museum.
d.
All of the requirements set forth in L. 1988, c. 44 and L. 1999,
_____ concerning the preparation, approval and adoption of a Drug-Free
Zone Map have been complied with.
[Ord. No. 827 §§ 1—4]
a.
No person shall mark with ink, paint, chalk or other substance, or
post hand bills on, or in any other manner deface or injure, any public
school building within the Township, or on the fences, trees, lawns
or other fixtures to such buildings, nor shall any person trespass
on the lawns belonging to the grounds of any school buildings by crossing
or tramping upon same.
b.
No person shall willfully or maliciously make or assist in making
in any public school building, or on any street, or on any public
or private grounds within a radius of two hundred (200) yards of any
building in which a public school shall be in actual session, any
noise or disturbance by which the peace, quiet and good order of such
school shall be disrupted.
c.
No person shall utter any loud and offensive or profane or indecent
language on any of the lands or premises belonging to the Board of
Education of the Township, or occupied by the Board, or on any street
or grounds within a radius of two hundred (200) yards of said lands
or premises.
d.
No person shall, in any school room where any public school is assembled
or in any building in which such school is in session or on the grounds
within a radius of two hundred (200) yards of the same, disturb or
interrupt the peace and good order of such school and no person, whether
a student in the school or who is a parent of a student attending
the school, or any other person, shall conduct or behave himself so
as to disturb or interrupt the peace, quiet and good order of the
school, either in the school or on the grounds within a radius of
two hundred (200) yards of the same and any person must leave the
school premises on the request of a teacher or person in charge of
the school; or the grounds within a radius of two hundred (200) yards
of the school upon the request of a Police Officer, when the person
is disturbing the peace and good order of the school.
[Ord. No. 827 § 6;
New]
[Ord. No. 1159 § 1]
No person shall detain or fail to return any book, periodical,
pamphlet, artistic reproduction, phonograph recording, audio-visual
material or any other article borrowed from the Free Public Library
of the Township after thirty (30) days have elapsed from the date
of posting by certified mail, return receipt requested, of a notice
demanding return thereof, addressed to that person at the last address
furnished.
[Ord. No. 1159 § 2]
No person shall cut, tear, deface, disfigure, damage or destroy
any book, periodical, pamphlet, artistic reproduction, phonograph
recording, audio-visual material or other article or any part thereof,
which is borrowed from, owned by or is in the custody of the library.
[Ord. No. 1159 § 3]
The Board of Library Trustees shall adopt and post in a conspicuous
place in the Free Public Library building, rules, regulations and
procedures governing the borrowing of books, periodicals, pamphlets,
or any other item or article which may be available for such borrowing
to the public.
[Ord. No. 1159 § 4]
No person shall remove any book, periodical, pamphlet, artistic
reproduction, phonograph recording, audio-visual material or any other
item or article from the Free Public Library Building without complying
with the rules, regulations and procedures of the Library for borrowing
such items or articles.
[Ord. No. 1159 § 5]
The Library Director is authorized to file a complaint in the
Municipal Court under the following conditions: a. A certified letter,
return receipt requested, shall be sent by the Library Administration
after six (6) weeks, informing the person that the book or material
is overdue and that he is subject to prosecution pursuant to this
section. b. In the case of a minor, the letter shall be sent to the
parents of the minor involved. c. The book, material or article shall
be overdue for at least two (2) months.
[Ord. No. 1159 § 6]
Any person who violates or refuses to comply with the provisions
of this section shall, upon conviction thereof, be subject to a fine
not to exceed fifty ($50.00) dollars or twice the cost of the book,
whichever is greater and a penalty of not more than one hundred ($100.00)
dollars for the second and each succeeding offense.
[Ord. No. 906 § 1]
It shall be unlawful to sell or offer for sale, or to circulate,
pass from one (1) person to another or expose in any public place
or anywhere in view of a store or place frequented by the public,
any morally, indecent or obscene publications or explicit sexual material,
printed or written manner or picture or other representation. It shall
be unlawful to keep any such publication, printed or written matter,
picture or other representation in any place frequented by or where
it may come into the possession of minors or to disclose or expose
any such material to a minor.
[Ord. No. 906 § 2]
As used in this section:
Shall mean, within the terms of this section, any pictorial
or three-dimensional material depicting human sexual intercourse,
masturbation, bestiality, oral intercourse, anal intercourse, direct
physical stimulation of unclothed genitals, flagellation or torture
in the context of a sexual relationship or human genitalia, nudity,
sexual conduct, or sadomasochistic abuse.
Shall mean any material or performance for which, if considered
as a whole: a. Its predominant appeal is to the prurient, shameful
or morbid interest in nudity, sex, excretion, sadism or masochism;
and b. it is patently offensive because it affronts contemporary community
standards in describing or representing such matters; and c. which
taken as a whole, lacks serious literary, artistic, political, or
scientific value.
[Ord. No. 906 § 3;
New]
[Ord. No. 834 § 1]
As used in this section:
Shall mean remaining idle in essentially one (1) location
and shall include the concepts of spending time idly, loafing or walking
about aimlessly.
Shall mean and include any adult person having care or custody
of a minor, whether by reason of blood relationship, the order of
any court or otherwise.
Shall mean any place to which the public has access and shall
include any street, 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. No. 834 § 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 a 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 3-17.1. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
[Ord. No. 834 § 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 3-17.2, he/she may, if he/she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[Ord. No. 834 § 4]
No parent or guardian of a minor under the age of eighteen (18)
years shall knowingly permit that minor to loiter in violation of
this section.
[Ord. No. 834 § 5]
Whenever any minor under the age of eighteen (18) years is charged
with a violation of this section, his/her parent or guardian shall
be notified of this fact by the Chief of Police or any other person
designated by him/her to give such notice.
[Ord. No. 834 § 6]
If at any time within thirty (30) days following the giving of notice as provided in subsection 3-17.5, 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/her parent or guardian.
[Ord. No. 834 § 7;
New]
[Ord. No. 1447 § 1]
Every person, corporation or other entity, including the Township
who operates centers where children are cared for in any manner or
who is under contract with the Township to provide child care services
shall be responsible for the recruitment of appropriate personnel,
verification of credentials and references, screening of all current
and future personnel and the selection of and hiring of all personnel
necessary to furnish child care services of any kind.
Such screening shall include, but not limited to, the following
steps:
a.
Fingerprinting;
b.
Review of criminal convictions and pending criminal actions, upon receipt of the results of a Police investigation, pursuant to subsection 3-18.3 hereof, providing that the operator shall not dismiss or permanently deny employment to current or prospective personnel merely because they are subjects of pending criminal action;
c.
Making inquiry with the Statewide central register of child abuse
and maltreatment; and
d.
For prospective personnel, inquiry of the applicant's three (3) most
recent employees.
[Ord. No. 1447 § 2]
Each operator is authorized and required to have all current
or prospective personnel fingerprinted by the appropriate agency.
As a condition of employment and/or continued employment, the operator
shall obtain written consent from all current and prospective child
care services personnel for fingerprinting and review of criminal
records. Denial of such consent by any employee shall be grounds for
dismissal or refuse to hire.
[Ord. No. 1447 § 3]
All fingerprinting, investigations, obtaining of criminal records shall be done by the Police Department of the Township. The results of such procedure shall be revealed to the person, corporation or other entity by the Police Department, and the person, corporation or other entity shall not reveal the results of the investigations to anyone other than the personnel employed by such person, corporation or other entity who must see the results by virtue of their job duties, and to the current or prospective employee. Any violation of this provision shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 1447 § 4]
The Township shall require appropriate documentation from the
operator indicating compliance with this section.
[Ord. No. 1447 § 5]
The requirements imposed upon operators of child care service
centers shall be incorporated in contracts for child care services
entered into between the Township and such operators, and any violation
thereof shall be a material breach of contract, sufficient to enable
the Township to terminate the contract without liability to such operator.
[Ord. No. 1447 § 6]
As used in this section:
Shall mean any location where services of any kind are provided
with respect to children under the age of eighteen (18), except school,
which are regulated by the State.
Shall mean any services performed at centers mentioned in
these definitions.
Shall mean any location where any services of any kind are
provided with respect to children under the age of eighteen (18),
except school, which are regulated by the State.
Shall mean any person, corporation or other entity including
the Township who are under contract with the Township, County, State
of New Jersey, and/or Federal government to provide child care service
centers or family day care service centers in the Township. This term
shall also include the owner or owners of such child care service
center or such family day care service center.
Shall mean employees of child care service centers, family
day care providers, members of their households and Head Start employees.
[Ord. No. 1650 §§ I,
II]
a.
No person shall, with purpose to hinder the apprehension, prosecution,
conviction or punishment of another for an offense, provide false
information to a law enforcement officer.
b.
No person shall, with the purposes to hinder that person's own apprehension,
prosecution, conviction or punishment, provide false information to
a law enforcement officer.
[Ord. No. 1650 § III]
The general penalty provisions set forth in Section 1-5 of "The Revised General Ordinances of the Township of Neptune" are incorporated herein.
[1]
Editor's Note: Former Section 3-20, Registration of Sex Offenders
and Offenders Who Commit Other Predatory Acts Against Children, previously
codified herein and containing portions of Ordinance No. 1685, was
repealed in its entirety by Ordinance No. 09-24.
[Ord. No. 96-9, § 1; Ord. No. 2017-26]
a.
No person shall sell tobacco products or nicotine delivery products
in the Township of Neptune unless the sale of such products is controlled
by an employee of the establishment. A person may only sell tobacco
products or nicotine delivery products in a direct, face-to-face exchange
between the retailer and the consumer. Self-service displays of tobacco
products or nicotine delivery products shall be prohibited.
b.
No person shall sell tobacco products or nicotine delivery products
to any person under the age of twenty-one (21) years or give tobacco
products or nicotine delivery products to any person under the age
of twenty-one (21).
c.
Retail establishments where tobacco products or nicotine delivery
products are sold shall conspicuously post and reasonably maintain
signs having a minimum size of six (6) inches by eight (8) inches
where these products are displayed and at all check-out counters notifying
customers that proof of age is required to purchase tobacco products
or nicotine delivery products.
[Ord. No. 96-9, § 2; Ord. No. 2017-26]
a.
All clerks, selling tobacco products or nicotine delivery products
shall verify by means of government-issued photographic identification
containing the bearer's date of birth that no person purchasing the
tobacco or nicotine containing products is younger than twenty-one
(21) years of age. No such verification is required for any person
over the age of twenty-six (26). No clerk shall sell tobacco products
or nicotine delivery products to a person under twenty-one (21) years
of age who has a note from an adult requesting such sale.
b.
No person selling tobacco products or nicotine delivery products
shall allow an employee to sell or distribute such products until
the employee has read the Monmouth County Board of Health regulations
and State laws pertaining to the sale or distribution of tobacco products
and nicotine delivery products and has signed a statement that the
employee has read the regulations. Such form statement will be supplied
by the Monmouth County Board of Health and kept on file at the establishment
subject to review by the Monmouth County Board of Health.
[Ord. No. 96-9, § 3]
It shall be unlawful to offer for sale or to sell tobacco through
a vending machine in the Township of Neptune.
[Ord. No. 96-9 § 4]
All tobacco vending machines made unlawful by the terms of this
section shall be removed within thirty (30) days from the effective
date of this section.
[Ord. No. 96-9 § 5]
a.
Whenever a police officer reasonably believes there exists a violation
of this section, he/she may issue a summons which shall state the
nature of the violation.
b.
A police officer, after giving proper identification, may inspect
any matter, thing, premise, place, person, record, vehicle, incident,
or event as necessary.
c.
Citizens may bring complaints against violators of this section.
[Ord. No. 96-9 § 6]
a.
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this section shall upon conviction
thereof, pay a penalty of not less than one hundred ($100.00) dollars,
nor more than five hundred ($500.00) dollars for each offense.
b.
Each sale of tobacco to a minor shall constitute a separate violation.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1 and 96-7.
[Ord. No. 96-40 § 1]
No person shall engage in any type of disorderly conduct within
the territorial boundaries of the Township of Neptune.
[1]
Editor's Note: Former subsection 3-22.2, Intoxication Prohibited,
previously codified herein and containing portions of Ordinance No.
96-40, was repealed in its entirety by Ordinance No. 10-28.
[Ord. No. 96-40 § 3]
No person shall appear on any street, avenue, road or any public
place within the territorial boundaries of the Township of Neptune
in a state of nudity or in any indecent or lewd dress or cause any
indecent or lewd exposure to another person whatever or offer to sell
any indecent or lewd book, picture or thing nor shall anyone exhibit
or perform any indecent, immoral or lewd act and/or representation
of such an act.
[Ord. No. 96-40 § 4]
No person shall keep or maintain a disorderly house of ill fame
within the territorial boundaries of the Township of Neptune nor shall
any person permit their house or other place to be used as a house
of ill fame.
[Ord. No. 96-40 § 5]
No person shall allow any cockpit or other place for the exhibition
of animals in a fight within the territorial boundaries of the Township
of Neptune.
[Ord. No. 96-40 § 6]
No person shall make, aid, countenance or assist in making improper,
loud noise or disturbance, riot or breach of the peace within the
territorial boundaries of the Township of Neptune.
[Ord. No. 96-40 § 7]
No person shall unnecessarily impede or obstruct public travel
by standing on the public sidewalk or in the public street without
the authority to do so within the territorial boundaries of the Township
of Neptune.
[Ord. No. 96-40 § 8]
No person shall disturb any congregation or assembly meeting
for religious worship in any church or any building by making a noise
or by rude or indecent behavior or profane language so as to disturb
the assemblage within the territorial boundaries of the Township of
Neptune.
[Ord. No. 96-40 § 9]
No person shall engage in any practice, exercise or conduct
having a tendency to annoy persons passing on the sidewalks or in
the streets within the territorial boundaries of the Township of Neptune.
[Ord. No. 96-40 § 10]
No person shall injure or destroy or assist in injuring or destroying
any public property belonging to the Township of Neptune.
[Ord. No. 96-40 § 11]
No person shall attempt to walk around, jump over, scale or
in any other way pass through or go around the security gates that
are established and erected on the footbridges of Wesley Lake during
such time as the gates are closed to pedestrian traffic pursuant to
Township resolution as may be changed from time to time.
[Ord. No. 96-40 § 12]
Any person violating the provisions of this section, shall,
on conviction, be subject to a fine not to exceed one thousand ($1,000.00)
dollars or be sentenced to imprisonment for a period not to exceed
six (6) months in jail, or both, within the discretion of the court.
[Ord. No. 97-25 § 1]
The Township of Neptune hereby establishes a slow-speed, no-wake
zone within fifty (50') feet of the shore line within all of the territorial
waters within the Township of Neptune located along the Shark River
and North Channel. This section shall only be in effect when the area
is clearly marked by appropriate buoys, markers or signs.
[Ord. No. 97-25 § 2]
The speed of any boat or watercraft shall at all times be regulated
so as to avoid danger or injury to any persons in the water or to
watercraft and its occupants, whether floating, moored, anchored or
underway, or to piers, wharfs, bulkheads, docks or other watercraft
construction, either directly by the effect of wash or wave raised
by such boat or watercraft through its speed or otherwise.
[Ord. No. 97-25 § 3]
Personal watercraft shall be defined as a power vessel which
is designed to be operated by a person or persons, sitting, standing
or kneeling; uses an internal combustion engine to power a water jet
pump which propels the vessel through the water; and, uses an internal
combustion engine that does not have the ability to reverse the pump's
thrust so as to allow the vessel to be operated in reverse or have
the ability to disengage the pump so as to prevent the vessel from
making headway.
[Ord. No. 97-25 § 4]
The operation of any boat, personal watercraft or jet-ski shall
be prohibited on the north side of the East End Avenue bridge at all
times.
[Ord. No. 97-25 § 5]
a.
The Township Committee of the Township of Neptune deems necessary
the adoption of the within section in order to protect the health
and welfare of its residents and citizens from the nuisance-like conditions
created by jet-skis launched from the riverfront.
b.
It shall be a violation of this section for anyone to launch a motorized
boat, vessel, motorized watercraft, jet-ski or personal watercraft
from any location along the Shark River or North Channel except from
a permanent launching ramp, dock or pier.
c.
The provisions established by this section shall not apply to any
Township-sanctioned special events.
[Ord. No. 97-25 § 6]
a.
Any person violating or failing to comply with any provision of this
section shall, upon conviction thereof, be punished by a fine of no
less than one hundred ($100.00) dollars and no more than one thousand
($1,000.00) dollars, by imprisonment not to exceed ninety (90) days
or by community service of not more than ninety (90) days or any combination
of fine, imprisonment and community service, as determined in the
discretion of the Municipal Court Judge. The continuation of such
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
b.
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
[Ord. No. 97-21 § 1]
The Township Committee enacts this section in order to improve
standards of safety as well as to minimize the impact of the operation
of certain motorized vehicles on residents of the Township, the public
at large and the environment since such operation has been in a manner
so as to create loud, unnecessary or unusual noise so as to disturb
or interfere with the peace, quiet and tranquility of others.
[Ord. No. 97-21 § 2]
Shall include, but not be limited to, minibikes, trail bikes,
dirt bikes, motor scooters, go-carts, motorized skate boards, all-terrain
vehicles and dune buggies.
[Ord. No. 97-21 § 3]
It shall be unlawful to operate any off-road vehicle anywhere
within the Township under the following circumstances:
a.
On any public street, sidewalk, bicycle path, open spaces, park or
any other public lands within the Township; provided, however, that
vehicles registered under N.J.S. 39:3C-19, et seq. shall be regulated
by that Statute as to operation on the aforesaid areas.
b.
On the private property of another person or party within the express
written permission to do so by the owner or occupant of the property;
the written permission shall be exhibited to Police Officers on request.
c.
Without any muffler device or, in the case of vehicles with two-cycle
engines, without any spark arrester.
d.
In a manner creating loud or unusual noise so as to disturb or interfere
with the peace, quiet or health of other persons.
e.
In a careless, reckless or negligent manner so as to endanger, or
be likely to endanger, the safety or the property of any person or
wildlife.
f.
Between the hours of 8:00 p.m. and 8:00 a.m.
[Ord. No. 97-21 § 4]
This section shall not be applicable to police or other emergency
vehicles, including but not limited to ambulances, motorcycles, fire
control vehicles and the like, or to motorized lawnmowers, tractors
or farm vehicles or construction equipment.
[Ord. No. 97-21 § 5]
a.
For persons eighteen (18) year of age or over, violation of the provisions
of this section shall, upon conviction, be subject to one (1) or more
of the following in the discretion of the Judge of the Municipal Court:
impounding of the motorized vehicle for six (6) months at the violators
expense, or imprisonment in the County Jail or in any place provided
by the Township for the detention of prisoners for any term not exceeding
ninety (90) days, or by a fine not exceeding one thousand ($1,000.00)
dollars or by a period of community service not to exceed ninety (90)
days.
Except as otherwise provided, each and every day in which a
violation of any provision of this section exists, shall constitute
a separate violation. In addition, any violation of this section shall
be considered a separate offense upon each and every day in which
a violation exists.
b.
In the event the provisions of this section are violated by an operator
or a registered owner of the vehicle who is at the time of such violation
under the age of eighteen (18), such violation will result in the
following: impoundment of the motorized vehicle for six (6) months
at the expense of the violators, parents or guardian and institution
of juvenile delinquency proceedings against such minor operator or
owner.
[Ord. No. 00-11 § 1; Ord. No. 00-43 § 1]
It has been determined that the presence of large numbers of
all types of waterfowl on or around ponds, lakes, the Shark River,
and the beachfront within the Township of Neptune and on all other
property in the Township of Neptune creates a public health nuisance
due to the accumulation of droppings in and around said ponds, lakes,
the Shark River and the beachfront, which is inimical to the health
and general welfare of the public. The purpose of this section is
to prevent such conduct that may attract such waterfowl to the properties
within the Township.
[Ord. No. 00-11 § 1; Ord. No. 00-43 § 1]
As used in this section:
Shall be defined to include those species of birds commonly
known as "swans", "geese", "brant", "seagulls", "river and sea ducks",
"mallards" and any other type of waterfowl that is found within the
boundaries of the Township of Neptune.
[Ord. No. 00-11 § 1; Ord. No. 00-43 § 1]
No person or persons shall feed, cause to be fed or provide
food for any and all types of waterfowl within the Township of Neptune
on lands either publicly or privately owned.
[Ord. No. 00-11 § 1; Ord. No. 00-43 § 1]
This section shall not be construed to prohibit humane acts
towards waterfowl in individual cases, such as temporary nurturing
of a wounded bird on one's own premises. The prohibitions contained
in this section on feeding waterfowl shall on the beachfront only
apply to Canadian Geese.
[Ord. No. 00-11 § 1; Ord. No. 00-43 § 1]
No person or persons shall create or foster any condition to
exist or continue which results in a congregation or congestion of
any type of waterfowl or in an accumulation of waterfowl feces or
droppings on private or public property within the Township of Neptune
creating a public health nuisance or in any manner threatening the
health, safety and welfare of the public and/or the waterfowl.
[Ord. No. 00-11 § 1; Ord. No. 00-43 § 1]
The Police Department and Code Enforcement Department are hereby
authorized and directed to enforce the provisions of this section.
[Ord. No. 00-11 § 1; Ord. No. 00-43 § 1]
Any person or persons convicted of a violation of any of the
provisions of this section shall be punished by a fine no less than
ten ($10.00) dollars, nor more than five hundred ($500.00) dollars.
A warning only shall be issued for the first violation of this section.
[Ord. No. 01-33 § 1]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, fire and other emergency
alarm devices and equipment, whether they operate by producing a visual
or audible signal and whether by direct line, radio, telephone or
other means of activating a device requiring response thereto by the
Police Department.
[Ord. No. 01-33 § 1]
The provisions of this section shall apply to any person who
operates, maintains or owns any alarm device, dial alarm, or local
alarm designed to produce a visual or audible signal of an emergency
or designed to summon the Police Department, Fire Department or any
agency serving the municipality to any location in response to any
type of alarm signal.
[Ord. No. 01-33 § 1]
Shall mean the console, panel or collection of devices giving
a visual and/or audio response and located within the confines of
the police or communications department of the Township of Neptune.
Shall mean any type of alarm system activating equipment
in the alarm console providing warning of intrusion, fire, smoke,
flood or other peril.
Shall mean equipment or a device or an assembly of equipment
and devices designed to signal the presence of an emergency or hazard
requiring urgent attention and to which Police or Fire Department
or any other services may be expected to respond.
Shall mean any type of alarm using telephone lines transmitting
an alarm directly through the police phone system providing warning
of intrusion, fire, smoke, flood or other peril.
Shall mean any alarm or signal of an alarm system actuated
by inadvertence, negligence, intentional or unintentional act of a
person other than an intruder, and shall include as well, alarm caused
by malfunctioning of the alarm device or other relevant equipment,
but shall not include alarms caused by malfunction of the alarm console
or police device.
Shall mean any alarm or device which, when actuated, produces
a signal not connected to another source, such as store burglar alarms
actuating bell devices.
Shall mean any person owning an alarm device or a local alarm
within the scope of this section.
Shall mean the Chief of Police of the Township of Neptune
or his designated representative.
[Ord. No. 01-33 § 1; Ord. No. 01-40 § 1]
a.
In the event of a false alarm, any person having knowledge thereof
shall immediately notify the Police Department. The Chief of Police
shall cause an investigation to be made and keep a record of all false
alarms. False alarms shall result in the following penalties:
For the first and second alarm in a calendar year, a warning
shall be issued.
For the third false alarm in the same calendar year, a penalty
of fifteen ($15.00) dollars shall be paid to the Township of Neptune.
For the fourth false alarm in the same calendar year, a penalty
of twenty-five ($25.00) dollars shall be paid to the Township of Neptune.
For the fifth and each and every subsequent false alarm thereafter
in the same calendar year, a penalty of fifty ($50.00) dollars shall
be paid to the Township of Neptune.
b.
If, in the determination of the Neptune Township Police Department,
a false alarm was the result of weather conditions, electrical failure,
or other uncontrollable malfunction, a penalty shall not be assessed
nor shall that alarm be counted for enforcement purposes.
[Ord. No. 01-33 § 1; Ord. No. 01-40 § 1]
The Neptune Police Department shall enforce the provisions of subsection 3-26.4 by the signing of the appropriate complaint with the Neptune Municipal Court.
[Ord. No. 01-33 § 1]
It shall be unlawful for an alarm device, dial alarm, local
alarm or other audible alarm to ring or put forth any other sound
for a period in excess of thirty (30) minutes. Any such occurrence
shall result in a penalty of fifty ($50.00) dollars for each violation.
[Ord. No. 01-33 § 1]
Any person testing an alarm system covered by the provisions
of this section shall notify the Police Department immediately prior
to and after testing is completed. Failure to make the required notifications
shall result in a penalty of fifty ($50.00) dollars for each violation.
[Ord. No. 01-33 § 1]
An alarm owner/user disputing the assessment of a penalty hereunder
may request a hearing by the Chief of Police or his designated representative
by serving a request therefore upon the Chief of Police within five
(5) days of service of the notice of violation. Such request shall
set forth briefly the grounds or reasons on which the request for
a hearing is based and the factual matters contained in the notice
of violation, which are to be disputed at the hearing. The Chief of
Police, upon receipt of the request, shall set a hearing date within
thirty (30) days. A decision will be issued within thirty (30) days
of the hearing.
[Ord. No. 02-12 § 1]
It has been determined that the presence of large numbers of
pigeons in and around parks, recreation areas, ponds, lakes, rivers,
and the beachfront within the Township of Neptune and on all other
property in the Township of Neptune creates a public health nuisance
due to the accumulation of droppings in and around said areas which
is inimical to the health and general welfare of the public. The purpose
of this section is to prevent such conduct that may attract such pigeons
to the properties within the Township.
[Ord. No. 02-12 § 1]
No person or persons shall feed, cause to be fed or provide
food or nourishment to any and all types of pigeons within the Township
of Neptune on lands either publicly or privately owned.
[Ord. No. 02-12 § 1]
No person or persons shall create or foster any condition to
exist or continue which results in a congregation or congestion of
any type of pigeon or in an accumulation of feces or droppings on
private or public property within the Township of Neptune creating
a public health nuisance or in any manner threatening the health,
safety and welfare of the public.
[Ord. No. 02-12 § 1]
The Police Department and Code Enforcement Department are hereby
authorized and directed to enforce the provisions of this section.
[Ord. No. 02-12 § 1]
Any person or persons convicted of a violation of any of the
provisions of this section shall be punished by a fine no less than
ten ($10.00) dollars, nor more than five hundred ($500.00) dollars.
A warning only shall be issued for the first violation of this section.
[Ord. No. 05-32 § 1]
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and/or fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division and/or the State Bureau of Identification of the New Jersey
State Police.
Shall mean information collected by criminal justice agencies
concerning persons and stored in the computerized databases of the
New Jersey State Police SBI Criminal History Information System, the
National Law Enforcement Telecommunications System or other states'
computerized repositories containing criminal history record information
consisting of identifiable descriptions and notations of arrests,
indictments, or other formal criminal charges, and any dispositions
arising therefrom, including convictions, dismissals, correctional
supervision and release.
Shall mean the Neptune Township Police Department.
Shall mean any purpose, other than administration of criminal
justice or criminal justice purpose, including employment and licensing,
for which applicant fingerprints or name search requests are submitted
by authorized requestors, as required or permitted by a Federal or
State statute, rule or regulation, executive order, administrative
code provision, local ordinance, resolution or by this section, to
the State Bureau of Identification for the dissemination of criminal
history record information.
Shall mean corporation, association or other organization
established pursuant to Title 15 of the Revised Statutes, Title 15A
of the New Jersey Statutes, or other law of this State, but excluding
public and nonpublic schools, and which provides recreational, cultural,
charitable, social or other activities or services for persons younger
than eighteen (18) years of age.
Shall mean the New Jersey State Bureau of Identification
created by P.L. 1930, c.65 (N.J.S.A. 52:1-12 et seq.) as a bureau
within the Division of State Police.
Shall mean any programs sponsored by the Township which provide
and utilize Township facilities and/or Township property and/or are
covered under the Township's insurance.
[Ord. No. 05-32 § 1]
a.
The Township requires that all employees and volunteers of a nonprofit
youth serving organization request through the Department, that the
State Bureau of Identification in the Division of State Police conduct
a criminal history record background check on each prospective and
current employee or volunteer of the organization. A criminal history
record background check at the same level performed by the same third
party independent agency contracted by the Township within three (3)
years of the date of application to serve as an employee or volunteer
of a nonprofit youth serving organization shall be accepted by the
Township as a valid criminal history record background check.
b.
The Division of State Police shall inform the third party independent agency contracted by the Township whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in subsection 3-28.3 of this section.
c.
The Township shall facilitate a criminal history record background
check only upon receipt of the written consent to the check from the
prospective or current employee or volunteer.
[Ord. No. 05-32 § 1]
a.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes or offenses:
1.
In New Jersey, any crime of disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., N.J.S.A.
2C:15-1 et seq., or N.J.S.A. 2C:24-1 et seq.
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:14-1
et seq.
2.
In any other State or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in paragraph a1 of this subsection.
b.
For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the employee or
volunteer of a nonprofit youth servicing organization and/or the employee
or volunteer involved with Township sponsored programs involving minors,
the Township shall presume that the employee or volunteer is innocent
of any charges or arrests for which there are no final dispositions
on the record.
c.
The determination of whether the information contained in the criminal history record background check is sufficient to disqualify an employee or volunteer shall be made by the third party independent agency contracted by the Township of Neptune. A person who is disqualified from employment or serving as a volunteer due to the results of a criminal history record background check shall be notified by the Recreation Director that he or she has been disqualified. The Recreation Director, or any other employee of the Township, shall not have access to the specific reasons for a failed background check, only that the individual has failed. The disqualified person shall be entitled to file an appeal with the criminal background check appeal panel created pursuant to subsection 3-28.7.
[Ord. No. 05-32 § 1]
a.
Prospective or current employees and volunteers of nonprofit youth
serving organizations and/or employees and volunteers of Township
sponsored programs involving minors shall submit their name, address,
fingerprints and written consent to the organization for the criminal
history record background check to be performed. The organization
shall submit this documentation to the Neptune Township Police Chief,
or his designee, who shall coordinate the background check.
b.
The Department shall act as a clearinghouse for the collection and
dissemination of information obtained as a result of conducting criminal
history record background checks pursuant to this section.
c.
The Township may, in its discretion, engage the services of a third
party independent agency to conduct the criminal history record background
checks authorized under this section.
[Ord. No. 05-32 § 1]
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment is restricted to authorized
personnel on the nonprofit youth serving organization and/or the Township
sponsored program involving minors on a need to know basis, as authorized
by Federal or State statute, rule or regulation, executive order,
administrative code, local ordinance or resolution regarding obtaining
and dissemination of criminal history record information obtained
under this section.
b.
Such persons or organizations shall limit their use of criminal history
record information solely to the authorized purpose for which it was
obtained and criminal history record information furnished shall not
be disseminated to persons or organizations not authorized to receive
the records for authorized purposes. Use of this record shall be limited
solely to the authorized purpose for which it was given and it shall
not be disseminated to any unauthorized persons. This record shall
be destroyed immediately after it has served its intended and authorized
purpose. Any person violating Federal or State regulations governing
access to criminal history record information may be subject to criminal
and/or civil penalties.
[Ord. No. 05-32 § 1]
If this criminal history record may disqualify an applicant
or existing employee or volunteer for any purpose, the Township shall
provide the disqualified person with an opportunity to challenge the
accuracy of the information contained in the criminal history record.
The disqualified person shall be afforded a reasonable period of time
to challenge and correct this record. A person is not presumed guilty
of any charges or arrests for which there are no final dispositions
indicated on the record.
[Ord. No. 05-32 § 1]
a.
Criminal Background Check Appeal Process. If the criminal background
check disqualifies an employee or volunteer or denies the challenge
concerning the accuracy of a criminal history report, the employee
or volunteer may appeal that determination by filing a written notice
of appeal with the Clerk of the Township of Neptune no later than
twenty (20) days after receiving the determination from the Recreation
Director. Any appeal requested shall proceed before the Criminal Background
Check Appeal Panel.
b.
Criminal Background Check Appeal Panel. In order to monitor and supervise
the enforcement of this section by the Recreation Director, the Township
of Neptune hereby creates a Criminal Background Check Appeal Panel,
which shall consist of three (3) members appointed by the Neptune
Township Committee. The three (3) members shall be represented as
follows: one (1) member of the Neptune Township Committee, the Chief
of Police (or his designee) and the Recreation Director.
c.
Powers of the Appeal Panel. The Criminal Background Check Appeal
Panel is granted and shall have and exercise, in addition to other
powers herein granted, all the powers necessary and appropriate to
carry out and execute the purposes of this section, including but
not limited to, holding hearings and adjudicating appeals by employees
and volunteers dissatisfied with the determination of the criminal
background check concerning the disqualification of the employee or
volunteer and/or the accuracy of the criminal history record.
[1]
Editor's Note: Former Section 3-29, Sex Offender Residency
Prohibition, previously codified herein and containing portions of
Ordinance No. 05-38, was repealed in its entirety by Ordinance No.
09-24.
[Ord. No. 11-22]
The Township of Neptune shall permit charitable organizations
as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways
situate in the Township of Neptune in accordance with the provisions
contained herein.
[Ord. No. 11-22]
All charitable organizations as defined in N.J.S.A. 45:17A-20
who desire to solicit contributions in roadways situate in the Township
of Neptune shall file an application for a permit with the Neptune
Township Police Department on a form supplied by said Police Department
specifying the following information:
a.
Name of applicant organization.
b.
Address of applicant organization.
c.
Telephone number of applicant organization.
d.
Contact person of applicant organization.
e.
Specific location or locations of proposed charitable solicitation.
f.
Dates and times of proposed charitable solicitation.
g.
If said request pertains to a location or locations on any county
highway, or intersection of a county highway said application shall
include a copy of an authorization from the Monmouth County Board
of Chosen Freeholders to permit said charitable solicitation.
h.
If said request pertains to a location or locations on any State
highway, or intersection of a State highway said application shall
include a copy of an authorization from the Commissioner of the Department
of Transportation of the State of New Jersey to permit said charitable
solicitation.
i.
Identity the manner in which the motorist solicitation will be conducted
and the procedures to be used to ensure the safety of the members
of the public who will be traveling the roadways situate in the Township
of Neptune.
[Ord. No. 11-22]
Upon the filing of a complete application in accordance with
the provisions of this section, the Neptune Township Police Department
shall review said application and make a recommendation of approval
or denial to the Municipal Clerk. The Municipal Clerk shall present
same to the Township Committee of the Township of Neptune at the next
regular meeting of the Township Committee or as soon thereafter as
the matter may be reached for their review and consideration, after
which the Township Committee shall grant or deny the applicant's request.
In the event the Township Committee grants the applicant's request,
the Municipal Clerk shall issue a permit to the applicant which shall
be subject to the representations contained in the applicant's applicant
and any conditions imposed by the Township Committee.
[Ord. No. 11-22]
In no event shall any charitable organization requesting authorization
from the Township of Neptune for said charitable solicitation use
any individual under the age of eighteen (18) years of age to perform
any function or task associated with the said charitable solicitation
in any roadway.
[Ord. No. 11-22]
Any charitable organization requesting authorization from the
Township of Neptune for said charitable solicitation shall comply
with all of the terms and conditions of N.J.S.A. 39:4-60, as amended
by P.L. 1997, Chapter 82, approved April 30, 1997.
[Ord. No. 11-22]
Notwithstanding any provision of law to the contrary, the Township
of Neptune shall not be liable in any civil action for damages for
property damage or personal injury resulting from a motor vehicle
accident arising from or out of or in the course of roadway solicitations
for the purpose of soliciting contributions, conducted by charitable
organizations as defined pursuant to N.J.S.A. 45:17A-20.
