[Ord. No. 2005-20 § 1]
For the purpose of this Code section, the following terms, phrases,
words and their derivations shall have the meaning 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. As used herein, the following words shall have
the following meaning:
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, wood or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, rubbish, grass clippings or other lawn or garden
waste, newspapers, magazines, glass, metal, plastic or paper containers
or other packaging or construction material, but does not include
the waste or the primary process of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
PERSON
Any individual, person, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. No. 2005-20 § 1]
a. It shall be unlawful and a violation of this Code section for any
person, or persons to throw, drop, discard or otherwise place any
litter of any nature upon any public or private property, including
common thoroughfare, sidewalk, passageway, road, bypath, play area,
park or upon any boardwalk, beach, or beachfront in the Borough, other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b. It shall be unlawful and a violation of this Code section for any
person, or persons to allow permit, or otherwise fail to prevent the
leaking or deposit of any liquid waste or other refuse from any motor
vehicle, vessel, equipment or machinery of any type, whether it was
deposited intentionally or unintentionally, including but not limited
to antifreeze, oil, or any other petroleum product.
[Ord. No. 2005-20 § 1]
No person shall throw or discard any wastepaper, tin cans, bottles,
garbage, waste, trash or refuse of any kind whatsoever from the shore
or from any boat, yacht, or other craft or from any wharf, dock, or
pier into the waters of the Toms River, Dillon's Creek, or Barnegat
Bay, or into any waters tributary or adjacent thereto, and no person
shall discharge any sewage or waste into the waters of any of them
or pollute the waters of any of them in any manner whatsoever.
[Ord. No. 2005-20 § 1]
Any person, or persons, who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing which is prohibited by this section, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section
1-5 of this Code.
[1958 Code § 4-2.3; Ord. No. 94-09 § 1]
For purposes of this section, the following terms shall be defined
to mean:
GUARDIAN
A person, other than a parent to whom legal custody of the
juvenile has been given by court order or who is acting in the place
of the parent or who is responsible for the care and welfare of the
juvenile.
JUVENILE
An individual who is under the age of eighteen (18) years.
PUBLIC PLACE
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation, athletic or shopping area, public
transportation facility, vehicle used for public transportation, parking
lot or any other public building, structures or area.
[Ord. No. 94-09 § 2]
It shall be unlawful for juveniles to be in any public place
between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by
a parent or guardian. This prohibition does not apply if the juvenile
is:
a. Engaged in, or traveling to or from, a business or occupation which
the laws of the State of New Jersey authorize a juvenile to perform;
b. Engaged in an errand involving a medical emergency;
c. Attending religious services, extracurricular school activities,
activities sponsored by a religious or community organization or other
cultural, educational or social events or is in direct transit to
or from such events.
[Ord. No. 94-09 § 3]
It shall be unlawful for any parent or guardian to permit, suffer
or allow any juvenile in his or her care to be in any public place
between the hours of 10:00 p.m. and 6:00 a.m.
[1958 Code § 58-10; Ord. No. 94-09 § 4]
Any person found guilty of having violated subsections
4-2.2 and
4-2.3 shall perform community service and may be subject to a fine of no more than one thousand ($1,000.00) dollars and if parents or guardians as well as a juvenile are found guilty of violating this section, the parents or guardians shall perform community service together with the juvenile. The period of community service will not exceed ninety (90) days.
[1975 Code § 85-12; New]
As used in this section:
PUBLIC PLACE
Any place to which the general public has access and a right
to report for business, entertainment or other lawful purpose but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
[Ord. No. 2007-16 § I; Ord. No. 2007-17 § I]
a. It shall be unlawful for any person, alone or in concert with others
to:
1. Obstruct any public street, public highway, public sidewalk or any
other public place or building by hindering or impeding, or tending
to hinder or impede the free and uninterrupted passage of vehicles,
traffic or pedestrians.
2. Commit in or upon any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of the
public street, public highway, public sidewalk or any other public
place or building or with any business lawfully conducted by anyone
in or upon or facing or fronting on any public street, public highway,
public sidewalk or any other public place or building, all of which
prevents the free and uninterrupted ingress, egress and regress, thereon
and thereto.
3. Skateboard or utilize a skateboard shall be prohibited on the following
public streets, public roads, public highways, and public thoroughfare,
including any public sidewalk thereto:
(a)
Central Avenue south of Lake Avenue;
(b)
Maple Avenue south of Lake Avenue;
(c)
Janes Avenue south of Lake Avenue;
(d)
Oak Avenue south of Lake Avenue;
(e)
Chestnut Avenue south of Lake Avenue;
(f)
West End Avenue south of Lake Avenue;
(g)
River Avenue between the intersection of River Avenue and Ocean
Avenue through the intersection of River Avenue and Central Avenue;
and
(h)
Sassafras Lane (entire length).
(i)
Laurel Avenue (entire length).
4. Skateboard or utilize a skateboard on any public street, public road,
public highway, public sidewalk, public thoroughfare, without a helmet.
5. Skateboard or utilize a skateboard on any public street, public road,
public highway, public thoroughfare, public sidewalk or any other
public place or building after dusk.
6. Permit, allow, assist or arrange for any person or persons to commit
any of the violations specifically set forth above in paragraphs 1,
2, 3, 4, and 5 of paragraph a of this subsection.
b. When any person causes or commits, or causes, assists, or permits
another person to cause or commit any of the conditions enumerated
in paragraph a herein, a police officer or other law enforcement officer
shall, together with whatever citation or summons issued to said person
by the police officer or other law enforcement officer, order that
person to stop causing or committing such conditions and to move on
and disperse.
c. Any person violating or failing to comply with any of the provisions of this section, shall upon conviction, be liable to the penalty set forth in Chapter
1, §
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 violations may be punishable as provided above for each separate offense.
[1975 Code § 85-7]
No person shall operate or use any radio receiving set, phonograph
or other sound producing instrument, device or apparatus in such manner
that the sound thereof shall annoy any person or disturb the comfort,
rest or repose of any person being in his, her or their place or places
of abode.
[1975 Code § 85-8]
No person shall make or continue or cause to be made or continued
any unnecessary noise which shall disturb the comfort, rest or repose
of any person or annoy any person being in his, her or their place
or places of abode.
[1975 Code § 85-9]
a. No person shall, on any public street, park, beach or other public
place or upon lands known as Long Point, ring any bell or blow any
horn or make any public outcry at or for any public sale, auction
or venue or to advertise any goods, wares or merchandise for sale
or to attract any attention to or gain passengers for any cab, taxicab,
hack or omnibus.
b. No person shall, on any public street or other public place, operate
any radio receiving set, loudspeaker, amplifier, phonograph or other
sound producing instrument on any motor-truck for the purpose of advertising
any goods, wares, merchandise, play, picture, amusement or recreation
or any moving picture theatre or other place of business or any commercial
enterprise or commercial service whatsoever.
[Added 6-28-2016 by Ord. No. 2016-3]
a. Commercial businesses shall operate between the hours of 6:00 a.m.
and 1:00 a.m. the following day.
b. No person shall make, continue, cause or permit to be made, verbally
or mechanically, any unnecessary noise (noise disturbance).
c. Prohibited acts:
1. Refuse collection: the operating or permitting to be operated of
any motor vehicle which collects, disposes of or compacts refuse between
the hours of 7:00 p.m. and 8:00 a.m. the following day.
2. Loading and unloading: loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials or similar
objects between the hours of 7:00 p.m. and 8:00 a.m. the following
day.
d. Violations and penalties.
1. Any person who violates any provision of this section shall be fined
for each offense not more than $100.
2. Any person who willfully or knowingly violates any provision of this
section shall be fined for each offense a sum of not less than $100
and not more than $1,000.
3. Each day of violation of any provision of this section shall constitute
a separate offense.
[Added 9-1-2020 by Ord.
No. 2020-3]
a. The operation of any equipment used in construction, repair, alteration
or demolition work on buildings, structures, streets or appurtenances
thereto in residential or commercial land use zones shall be prohibited
on weekdays and Saturdays between 6:00 p.m. and 8:00 a.m.; and shall
be prohibited from 6:00 p.m. on Saturdays through Monday mornings
at 8:00 a.m.; and shall be prohibited on official national holidays
except in the case of urgent necessity and in the interest of public
health and safety. These construction-work hour restrictions shall
be applicable to all public and private construction and commercially
operated lawn and tree care and maintenance services.
b. Violations and penalties.
1. Any person who violates any provision of this section shall be fined
for each offense not more than $100.
2. Any person who willfully violates any provision of this section shall
be fined for each offense the sum of not less than $100 and not more
than $1,000.
3. Each day a violation of any provision of this section shall constitute
a separate offense.
[1975 Code § 85-36]
No person shall maliciously destroy, damage or injure any property.
[1975 Code § 85-31]
No person shall enter any school building or go upon the lands
whereon such building is located and damage, injure or deface such
building or any part thereof or the fences or outhouses connected
with or belonging or appurtenant to such building or lands.
[1975 Code § 112-1]
No person shall hereafter store or permit or suffer to be stored
upon any lands within the Borough, any motor vehicle which cannot
be moved under its own power from place to place upon any public street
or highway unless the motor vehicle is garaged, except that the foregoing
shall not apply to any person holding a valid license to carry on,
maintain or establish any motor vehicle business, motor vehicle junkyard
or who shall possess a State license to sell secondhand motor vehicles.
[1975 Code § 112-2]
a. Any motor vehicle which is not currently registered and/or which
is not capable of being used or operated shall be deemed to be a motor
vehicle which cannot be moved under its own power from place to place
upon any public street.
b. Store or stored shall mean the keeping of a motor vehicle upon any
lands for a period of more than fifteen (15) days.
[1973 Code § 112-3; Ord. No. 85-8 § 1]
a. Upon complaint of a violation of this section by any resident or
property owner of the Borough or any employee of the Borough, or upon
his own motion, the Police Chief or other Borough Police Officer shall
make an investigation of the premises complained of and report thereon,
in writing, to the Governing Body.
b. If the report shall find that a violation of this section does exist,
the Police Department shall notify the owner and/or tenant of the
premises of the violation, in writing, either personally or by registered
or certified mail, return receipt requested. Such notice shall specify
what steps must be taken to remove the violation and that such removal
is to be completed within fifteen (15) days after receipt of the notice.
c. Upon failure of the owner and/or tenant of the premises to remove
the violation within the period of time specified in the notice, the
Governing Body may cause the removal to be done under the direction
of a designated Borough officer. Such officer shall certify the performance
of the work and the cost therefor to the Governing Body. Upon the
Governing Body's approval, such costs shall be charged against the
property and shall become a lien and be added to and become and form
part of the taxes next to be assessed and levied upon the property,
the same to bear interest at the same rate as taxes and to be collected
and enforced by the same officers and in the same manner as taxes.
[1975 Code § 112-4]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section
1-5. Each and every day that such violation continues or exists shall be considered a separate and distinct violation and not as a continuing offense.
[Ord. No. 89-11A § 1]
No person shall engage in any maintenance, repairs or mechanical
activity of any type, on any motor vehicle as defined in Subtitle
1 of Title 39 of the New Jersey Statutes Annotated or any motorized
water vessel or machinery of any type on any County or municipally
controlled or maintained street within the Borough. However, it shall
be a defense to any violation under this subsection, that the maintenance
or repair was necessary as a result of an unforeseen mechanical or
operational problem with the motor vehicle or equipment involved which
created an emergency necessitating the performance of the repairs
or maintenance on the street.
[Ord. No. 89-11A § 1]
The provisions of this section shall not relieve any person
of the duty to observe any other or more restrictive provisions prohibiting
or limiting the stopping, standing, or parking of vehicles as set
forth in any applicable New Jersey statute or other applicable ordinance
or other provision of the Code of the Borough of Island Heights.
[Ord. No. 89-11A § 1]
Every person convicted of a violation of this section or of any supplement thereto, shall be liable to the penalty stated in Chapter I, Section
1-5.
[Ord. No. 87-6 § 1;
amended 2-28-2023 by Ord. No. 2023-03]
As used in this section:
BOAT TRAILER
Every vehicle, with or without motive power, designed for
carrying a boat or vessel and for being drawn by a motor vehicle.
A boat trailer shall include those which are attached or hitched to
a motor vehicle.
[Ord. No. 87-6 § 1; Ord. No. 93-06 § 1; amended 2-28-2023 by Ord. No. 2023-03]
No person shall park or store, for more than two seventy-two-hour
periods, a boat trailer, at any time upon any of the streets in the
Borough. For the purposes of this section, the seventy-two-hour period
exception, as stated herein, shall be permitted only twice in any
calendar year. One seventy-two-hour exception period shall be permitted
between March 1 and June 30 of each calendar year. A second seventy-two-hour
exception period shall be permitted between September 1 and November
30 of each calendar year.
[Ord. No. 87-6 § 1;
Ord. No. 2000-08; amended 2-28-2023 by Ord. No. 2023-03]
Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of a provision of this section or any supplement thereto shall be liable to a penalty upon conviction, as stated in Chapter
1, Section
1-5.
[1975 Code § 63-1; New]
No person shall use or discharge any gun, rifle, pistol or other
firearm upon any land within the Borough except as otherwise provided
by State law.
[1975 Code § 63-4]
Any person who shall violate any of the terms or provisions of this section shall upon conviction thereof, be liable to the penalty stated in Chapter I, Section
1-5.
[Ord. No. 80-10 § 2]
As used in this section:
AVAILABLE TO THE PUBLIC
That the matter or performance may be purchased or attended
on a subscription basis, on a membership fee arrangement or for a
separate fee for each item or performance.
DISSEMINATE
To transfer possession of, with or without consideration.
KNOWINGLY
Being aware of the character and content of the material.
MATERIAL
Any book, magazine, newspaper or other printed or written
material or any picture, drawing, photograph, motion picture or other
pictorial representation or any statue or other figure, or any recording,
transcription or mechanical, chemical or electrical reproduction or
any other articles, equipment or machines.
NUDITY
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering, or the depiction of covered
male genitals in a discernibly turgid state.
OBSCENE
That to the average person applying contemporary community
standards:
a.
The predominant appeal of the matter, taken as a whole, is to
prurient interest, i.e., a shameful or morbid interest in sexual conduct,
nudity or excretion;
b.
The matter depicts or describes in a patently offensive manner
sexual conduct regulated by any State statute; and
c.
The work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition
performed before an audience.
PROMOTE
To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
The provision of services to paying guests in establishments
providing food and beverages, including but not limited to hostessing,
hat checking, cooking, bartending, serving, table setting and clearing,
waiter and waitressing and entertaining.
[Ord. No. 80-10 § 2]
It shall be unlawful for any person to:
a. Knowingly disseminate, distribute or make available to the public
any obscene material;
b. Knowingly engage or participate in any obscene performance made available
to the public.
c. Knowingly engage in commerce for commercial gain with materials depicting
and describing explicit sexual conduct, nudity or excretion, utilizing
displays, circulars, advertisements and other public sales efforts
that promote such commerce primarily on the basis of their prurient
appeal:
d. Provide service to patrons in such a manner as to expose to public
view:
1. His or her genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region;
2. Any device, costume or covering which gives the appearance of or
simulates the genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
3. Any portion of the female breast at or below the areola thereof;
or
e. Knowingly promote the commission of any of the above listed unlawful
acts.
[Ord. No. 80-10 § 2]
a. Actual notice of the obscene nature of such material, performance
or activity may be given to a person involved in or responsible for
such from the Borough Attorney on the basis of information lawfully
gathered and supplied to him by the Police Department or citizens.
1. Such notice shall be in writing and delivered by mail or in person
to the alleged offender.
2. Such notice shall state that:
(a)
In the opinion of the Borough Attorney, the activity engaged in falls within the prohibitions of subsection
4-10.2.
(b)
If such activity has not ceased within seven (7) days, the Borough
will take appropriate legal action.
b. A person who promotes any obscene activity as prohibited in subsection
4-10.2 in the course of his or her business is presumed to do so with knowledge of its content and character.
[Ord. No. 80-10 § 2]
a. Whoever violates this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section
1-5.
b. After conviction, in addition to any other penalty imposed for a
violation of this section, the Governing Body may, in its discretion,
revoke the business license of the offender, and upon conviction of
the offender for a second violation, the Governing Body shall revoke
the business license of such person.
[1975 Code § 85-2]
No person shall disrobe or make any indecent exposure of his
or her person or commit or do any lewd or indecent act or behave in
a lewd or indecent manner on any public street, park, beach or other
public place.
[1975 Code § 85-3]
No person shall disrobe in any automobile, truck or other vehicle
while the same is upon any public street, park, beach or other public
place.
[1975 Code § 85-4]
No person shall, while nude, enter into, bathe or swim in the
waters of the Toms River, Dillon's Creek, Barnegat Bay or waters tributary
or adjacent thereto.
[1975 Code § 85-5]
No person shall keep or maintain a disorderly house or a house
of ill fame or allow or permit any house, shop, store or other building
or structure owned or occupied by him or her to be used as a disorderly
house or as a house of ill fame.
[1975 Code § 85-6]
No person shall permit any house, shop, store or other building
or structure owned or occupied by him or her to be frequented or resorted
to by noisy, riotous or disorderly persons or by prostitutes, gamblers
or vagrants.
[Ord. No. 94-09 § 2]
Any person commits a violation of this section with purpose
to harass another, when he:
a. Makes, or causes to be made, a communication or communications anonymously,
or at extremely inconvenient hours, or in offensively coarse language,
or any other manner likely to cause annoyance or alarm; or
b. Subjects another to striking, kicking, shoving, or other offensive
touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly
committed acts with purpose to alarm or seriously annoy such other
person.
[1975 Code § 85-19; Ord. No. 84-10 § 1]
No person shall engage or participate in any practice, sport
or exercise having a tendency to annoy, disturb or frighten any person
or persons on any public street, park, beach or other public place.
No person shall engage in bicycling, skate boarding or roller skating
in or upon the Central Avenue Pavilion and Dock or the entire boardwalk
situate between River Avenue and the Toms River.
[Ord. No. 2005-13 § I; Ord. No. 2007-5 § I; Ord. No. 2007-10 § I; amended 7-13-2021 by Ord. No. 2021-09]
It shall be unlawful and a violation of this Code section for
any person, or persons to:
a. Willfully and maliciously ring or cause to be rung any bell or alarm
of any fire company and whereby give or cause to be given a false
alarm of fire.
b. Disturb the exercises of any public school or molest or give annoyance
to the children attending such school or annoy any teacher therein.
c. Dress, undress, change clothing and/or disrobe in any motor vehicle
or any other type of vehicle in the Borough of Island Heights; excluding
recreational vehicles and boats.
d. Commit any immoral or lewd act on any of the streets, beaches, boardwalks
or other public places of this Borough.
e. Riot, engage in fighting or threatening or violent or tumultuous
behavior, create a hazardous or physically dangerous condition by
any act which serve no legitimate purpose of the actor or address
in unreasonably loud and offensively coarse or abusive language, in
any public place or place which the public is invited, with a purpose
to offend the sensibilities of a hearer or in reckless disregard of
the probability of offending the sensibilities of the hearer.
f. Urinate and/or defecate on any of the streets, sidewalks, beaches,
pavilions, boardwalks, parks, playgrounds or any other public place
within the Borough.
g. Urinate and/or defecate on any outdoor private property in this Borough.
h. Possess any open alcoholic beverage, and/or utilize, consume, ingest,
or drink any alcoholic beverage, regardless of the age of the individual,
on any streets, sidewalks, beaches, pavilions, boardwalks, parks,
playgrounds or any other public place within the Borough.
i. Appear in an intoxicated state on any streets, sidewalks, beaches,
pavilions, boardwalks, parks, playgrounds or any other public place
within the Borough.
j. Smoking his hereby prohibited within any public place or any Borough
building or portion of any Borough building owned or leased by the
Borough of Island Heights, Ocean County, New Jersey.
1. As used
in this section, the following terms shall have the meanings indicated:
CANNABIS ITEM
Any item available for lawful consumption pursuant to the
NJ Cannabis regulatory enforcement assistance and marketplace modernization
act.
PUBLIC PLACE
Any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, recreation area, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area, and shall include, but not be limited to, the public outdoor locations enumerated in Borough Code Chapter
19, §
19-2.1.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe, including any
handheld electronic device which vaporizes a liquid (e.g., e-cigarettes,
e-cigs, electronic nicotine delivery systems, electronic non-nicotine
delivery systems, personal vaporizers, PVs), or any other matter or
substance which contains tobacco, marijuana, cannabis, cannabis item
or any other matter that can be smoked.
k. Dump, dispose, discharge, drop off, or otherwise discard any garbage,
refuse, recycling, debris, building materials, landscape materials,
or any other materials which normally would be disposed of through
the utilization of the Borough's Public Works Department or private
hauler, at the Borough's Public Work's Garage location except at time
specifically declared by the Mayor and Council by resolution or other
official action.
l. Litter on any Borough or private property.
[Ord. No. 2005-13 § I]
Any person, or persons, who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing which is prohibited by this section, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section
1-5 of this Code.
[Ord. No. 2005-14 § I]
The purpose of the within section is to protect the health,
safety, and welfare of the children within the Borough of Island Heights
as a result of their being no current State law concerning the prohibition
of convicted sex-offenders residing or living near areas where children
regularly meet and congregate.
[Ord. No. 2005-14 § II]
a. No person over the age of eighteen (18), who has been convicted of
a violation of any crime against a minor 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., Registration
and Notification of Release of Certain Sex Offenders, shall be permitted
to reside or live within one thousand (1,000') feet of any school,
park, playground, athletic field, day-care center, and/or church,
synagogue, mosque, or other house of worship.
b. A person who resides in the Borough of Island Heights within one
thousand (1,000') feet of any school, park, playground, athletic field,
day-care center, and/or church, synagogue, mosque, or other house
of worship shall have sixty (60) days from receipt of written notice
of the prohibition set forth herein to move. Said notice shall be
provided to the convicted sex offender by either the Police Department
and/or the Municipal Clerk, and/or his/her designee.
c. Failure of any person to move as required following written notice
as prescribed in paragraph b within the required sixty (60) day time
period shall constitute a violation of this section. Each day beyond
the sixty (60) day time limitation shall constitute a new offense.
d. This section shall not apply to a person who has established a bona
fide residence prior to the effective date of the within section.
Editor's Note: Ordinance No. 2005-14 was adopted October 11,
2005.
e. Any person who violated any one (1) or more subsections of this section
shall be subject to a fine of not more than one thousand two hundred
fifty ($1,250.00) dollars for each separate offense and/or confinement
in the Ocean County Jail for a period of not more than ninety (90)
days.
[Ord. No. 2011-02]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Island Heights so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 2011-02]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Island Heights or other public body, and is designed
and used for collecting and conveying stormwater. (NOTE: In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.)
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2011-02]
No person in control of private property (except a residential
lot with one (1) single-family house) shall authorize the repaving,
repairing (excluding the repair of individual potholes), resurfacing
(including top coating or chip sealing with asphalt emulsion or a
thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
a. Already meets the design standard below to control passage of solid
and floatable materials; or
b. Is retrofitted or replaced to meet the standard in subsection
4-16.4 below prior to the completion of the project.
[Ord. No. 2011-02]
Storm drain inlets identified in subsection
4-16.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection
4-16.4c below.
a. Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1. The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2. A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b. Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two (2) or more clear spaces) shall have an area of no
more than seven (7.0) square inches, or be no greater than two (2.0")
inches across the smallest dimension.
c. This standard does not apply:
1. Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2. Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
(a)
A rectangular space four and five-eighths inches long and one
and one-half inches wide (this option does not apply for outfall netting
facilities); or
(b)
A bar screen having a bar spacing of 0.5 inches.
3. Where flows are conveyed through a trash rack that has parallel bars
with one (1") inch spacing between the bars; or
4. Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 2011-02]
This section shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Island Heights.
[Ord. No. 2011-02]
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 five hundred
($500.00) dollars for each storm drain inlet that is not retrofitted
to meet the design standard.
[Ord. No. 2011-03]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Island Heights and/or the waters of the State so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
[Ord. No. 2011-03]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Island Heights or other public body, and is designed
and used for collecting and conveying stormwater. (NOTE: In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.)
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
STORMWATER
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.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2011-03]
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 Island Heights.
[Ord. No. 2011-03]
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. No. 2011-03]
This section shall be enforced by the Police Department and/or
other municipal officials of Borough of Island Heights.
[Ord. No. 2011-03]
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 five hundred
($500.00) dollars.
[Ord. No. 2011-11]
False alarms cost the Borough of Island Heights and its citizens
thousands of dollars per year and can take police officers away from
actual emergencies. To prevent unnecessary emergency response to false
alarms, the within section is being adopted to reduce the number of
false alarms and encourage alarm users to maintain the mechanical
reliability of and to properly use their alarm equipment.
[Ord. No. 2011-11]
The following definitions are hereby established:
a. False alarm shall mean the activation of an alarm system through
mechanical or electronic failure, malfunction, improper installation,
or the negligence of the alarm user, his/her employees or agents,
and signals activated to summon law enforcement personnel unless law
enforcement response was cancelled by the alarm user or his/her agent
before law enforcement personnel arrive at the alarm location. An
alarm is false within the meaning of this section when, upon inspection
by the Borough of Island Heights Police Department, evidence indicates
that no unauthorized entry, robbery, or other such crime was committed
or attempted in or on the premises which would have activated a properly
functioning alarm system. Notwithstanding the foregoing, a false alarm
shall not include an alarm which can reasonably be determined to have
been caused or activated by unusually violent conditions of nature
nor does it include other extraordinary circumstances not reasonably
subject to control by the alarm user.
b. Burglar or fire alarm system shall mean a mechanic or electric system
to detect a breach of the system in a home or business or to alert
of a fire. To be considered a burglar or fire alarm system it must
be connected to the Police Department through a monitoring center
contracted by the owner of the system.
c. Cancellation of false alarm. Someone desiring to cancel a false alarm
may do so only through their monitoring center for a breach of their
burglar alarm system prior to an officer arriving at the alarm site.
Owner shall not dial 911 or contact the Borough of Island Heights
Police Department in order to cancel a false alarm.
[Ord. No. 2011-11]
The following fees are established in connection with a false
alarm as herein defined and within a one (1) year period:
a. First and second false alarm — Will not be billed and no summons
will issue.
b. Third - Fifth false alarms — $50.00 per offense.
c. Sixth and seventh false alarm — $100.00 per offense.
d. Eighth and ninth false alarm — $250.00 per offense.
e. Tenth and subsequent false alarm — $500.00 per offense.
[Ord. No. 2011-11]
The violation of any provision of this section shall be punishable
by a fine of not more than five hundred ($500.00) dollars for each
offense. Each and every day a violation of this chapter shall exist
shall constitute a separate violation.
[Added 11-9-2021 by Ord.
No. 2021-11]
It is the purpose of this section to regulate short-term rental
uses in order to help preserve housing for long-term tenants and to
minimize any potential deleterious effects of short-term rental properties
on other properties in the surrounding neighborhoods in which they
are located.
[Added 11-9-2021 by Ord.
No. 2021-11]
As used in this section, the following terms shall have the
meanings indicated:
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this section, as same may be viewed through various media
including but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this section.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promise or benefit,
a quid-proquo, rent, fees, other form of payment, or thing of value.
DWELLING UNIT
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged, or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, cooperative,
converted space, or portions thereof, that is offered to use, made
available for use, or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s)
for consideration, for a period of 30 days or less.
HOUSEKEEPING UNIT
Constitutes a family-type situation, involving one or more
persons, living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
OCCUPANT
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
OWNER
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
use, possess, own, lease, sub-lease or license (including an operator,
principal, shareholder, director, agent or employee, individually
or collectively) that has charge, care, control, or participates in
the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
PERSON
An individual, firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
[Added 11-9-2021 by Ord.
No. 2021-11]
a. Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for an owner, lessor, sub-lessor, or any
other person(s) or entity(ies) with possessory or use right(s) in
a dwelling unit, their principals, partner or shareholders, or their
agents, employees, representatives and other person(s) or entity(ies),
acting in concert or a combination thereof, to receive or obtain actual
or anticipated consideration for soliciting, advertising, offering
and/or permitting, allowing or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of less than
30 days.
1. A dwelling unit may be occupied by residential tenants providing
the rental term is not less than 30 days.
2. A dwelling unit occupied by a residential tenant must be registered
with the Borough of Island Heights and receive a registration number.
Any and all advertising or offers to rent a dwelling house must include
the Borough-issued registration number.
3. Nothing in this section will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period 30 days or more.
b. A tourist/guest house may be occupied by transient tourist/guest
rooming accommodations for less than a thirty-day period, provided
the following:
1. All short-term rentals consisting of less than a thirty-day period require the owner to maintain residential occupancy of the tourist/guest house, and off-street parking shall be provided per §
30-1.7.
2. Residences used for tourist/guest house purposes must be registered
with the Borough of Island Heights and receive a registration number.
Any and all advertising or offers to rent a tourist/guest house must
include the Borough issued registration number.
3. Use of any residence for tourist/guest house purposes is limited
to May 1 through September 30 annually.
c. The residential occupancy of an otherwise lawful and lawfully occupied
dwelling unit for a period of 30 days or less by any person who is
a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
[Added 11-9-2021 by Ord.
No. 2021-11]
a. It shall be unlawful to advertise, solicit or promote by any means
actions in violation of this ordinance.
[Added 11-9-2021 by Ord.
No. 2021-11]
a. The provisions of this section shall be enforced by the Police Chief
or other Borough Police Officer, the Code Enforcement Officer, the
Building Code/Construction Official, Fire Official, Health Department,
other Subcode or Code Official, as their jurisdiction may arise, including
legal counsel for the Borough or other persons designated by the Borough
Council, to issue municipal infractions directing alleged violators
of this section to appear in court or to file civil complaints.
b. A violation of this section is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
c. Any person found to have violated any provision of this section, without regard to intent or knowledge, shall be liable to the penalty stated in Chapter
1, Section
1-5. Each day of such violation shall be a new and separate violation of this section.
d. The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law, including, but not limited
to, eviction proceedings and/or injunction, reasonable attorney's
fees or other fees and costs, in the Borough's Municipal Court or
the Superior Court of New Jersey in the vicinage of Ocean County,
or in such other Court or tribunal of competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.