[Ord. No. 2020-05]
As used in this section:
Printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature.
Which advertises for sale any merchandise, product, commodity,
or thing; or
Which directs attention to any business, mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition, or event
of any kind, when either of the same is held in connection with the
dissemination of information which is not restricted under the ordinary
rules of decency, good morals, public peace, safety and good order
provided, that nothing contained in this section shall be deemed to
authorize the holding, giving or taking place of any meeting, theatrical
performance, exhibition, or event of any kind, without a license where
such license is or may be required by any law of this State, or under
any ordinance of this borough; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or distributor.
An exterior waste container designed to be mechanically lifted
by and emptied into or to be carted away by a collection vehicle.
A dumpster shall not include any on-site constructed container.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
“Garbage”, “refuse”, and “rubbish”
as defined herein and all other waste material which, if thrown or
deposited as herein prohibited, tends to create a danger to public
health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with Federal Statute or regulations,
and any newspaper filed and recorded with any recording officer and
shall mean any periodical or current magazine regularly published
with not less than four issues per year, and sold to the public.
Any printed or written matter, any sample, or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the borough, owned or used by the borough
and devoted to active or passive recreation.
Dwelling, house, building, or other structure, designed or
used either wholly or in part for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling.
All streets, sidewalks, boulevards, alleys or other public
ways and all public parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes, (except
body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
wastes.
Nonputrescible solid wastes consisting of both combustible
and non-combustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar material.
Every device, in, upon, or by which any person or property
is transported or drawn upon a highway.
No person shall burn any litter in any open place, whether public,
private, or in any outside receptacle, incinerator or outdoor fireplace.
No person shall throw litter in or upon any street, sidewalk
or other public place within the borough except in public receptacles
or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
No person shall sweep into any gutter, street or other public
place within the borough the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying property shall keep the sidewalk in front of their
premises free of litter.
No person owning or occupying a place of business shall sweep
into any gutter, street or other public place the accumulation of
litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying places of business within
the borough shall keep the sidewalk in front of their business premises
free of litter.
[Ord. No. 2004-15; Ord. No. 2005-18]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
borough, or upon private property.
No person shall obstruct the free and lawful passage of pedestrians
and vehicles on the streets, highways, or sidewalks of the borough,
or any part thereof, by placing thereon any vehicle, article of traffic
or merchandise or any wares, in a case or otherwise, or any packing
boxes, barrels, any sign or like structure, lumber, wood, or other
obstruction of any kind. No person shall place or cause to be placed
any rubbish, debris, sand, gravel, stone, soil, mulch or other landscaping
material on any public street, or portion thereof in any manner so
as to obstruct or interfere with the operation of motor vehicles or
drainage.
If the Police Department determines that material deposited
on any street is potentially hazardous to pedestrians or vehicles,
then the police may order the material removed. If the individual
or company does not promptly remove said material, then the Borough
of Harvey Cedars shall remove same and the person or company responsible
for same shall reimburse the Municipality for the cost of removal.
No person shall drive or move any truck or other vehicle within
the borough unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place. Nor shall any person
drive any vehicle or truck, on wheels or tires of which carry onto
or deposit in any street, mud, dirt, sticky substances, litter or
foreign matter of any kind.
No person shall throw or deposit litter in any park within the
borough except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere.
No person shall throw litter in any fountain, pond, lake, stream,
lagoon, bay or any other body of water in a park or elsewhere within
the borough.
No person shall throw any commercial or non-commercial handbill
upon any sidewalk, street, or other public place within the borough.
Nor shall any person hand out or distribute or sell any commercial
handbill in any public place. Provided, however, that it shall not
be unlawful on any sidewalk, street, or other public place within
the borough for any person to hand out or distribute, without charge
to the receiver thereof, any non-commercial handbill to any person
willing to accept it.
No person shall throw or deposit any commercial handbill upon
any vehicle. It shall not be unlawful in any public place for a person
to hand out or distribute without charge to the receiver thereof,
a non-commercial handbill to any occupant of a vehicle who is willing
to accept it.
No person shall throw any commercial or non-commercial handbill
upon any private premises which are temporarily or continuously uninhabited
or vacant.
No person shall throw or distribute any commercial or non-commercial
handbill upon any private premises, if requested by anyone thereon
not to do so, or if there is placed on the premises in a conspicuous
position near the entrance, a sign bearing the words: “No Trespassing”,
“No Peddlers or Agents”, “No Advertisement”,
or any similar notice, indicating that the occupants of the premises
do not desire to be molested or have the right of privacy disturbed,
or to have any such handbills left upon such premises.
No person shall throw, deposit or distribute any commercial
or non-commercial handbill upon private premises which are inhabited,
except by handing the handbill directly to the owner, occupant, or
other person then present in the premises. In case of inhabited private
premises which are not posted, the person, unless requested by anyone
upon the premises not to do so, may place any handbill in or upon
the inhabited private premises if the handbill is placed as to secure
or prevent the handbill from being blown about the premises or sidewalks,
streets, or other public places, mailboxes may not be used when prohibited
by Federal postal law or regulations.
The provisions of this subsection shall not apply to the distribution
of mail by the United States, nor to newspapers as defined herein,
except that newspapers shall be placed on private property in such
a manner as to prevent their being carried or deposited by the elements
upon any street, sidewalk, or other public place or upon private property.
No person shall post or affix any notice, poster or device calculated
to attract the attention of the public, to any lamp post, public utility
pole or shade tree, or upon any public structure or building, except
as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private
property within the borough whether owned by the person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
property.
The owner or person in control of any private property shall
at all times maintain the premises free of litter. This subsection
shall not prohibit the storage of litter in authorized private receptacles
for collection.
No person shall throw or deposit litter on any open or vacant
private property within the borough whether owned by the person or
not.
a.
Notice to Remove. The chief of police is hereby authorized
and empowered to notify the owner of any open or private property
within the borough or the agent of the owner to properly dispose of
litter located on the owner’s property which is dangerous to
public health, safety or welfare. Such notice shall be by certified
mail, addressed to the owner at his last known address.
b.
Action Upon Non-Compliance. Upon the failure, neglect or
refusal of any owner or agent so notified, to properly dispose of
litter dangerous to the public health, safety or welfare within 10
days after receipt of written notice provided for in paragraph a above,
or within 10 days after the date of such notice in the event the same
is returned to the borough by the post office because of its inability
to make delivery thereof, provided the same was properly addressed
to the last known address of the owner, the chief of police is hereby
authorized and empowered to order its disposal by the borough.
c.
Charge Included in Tax Bill. When the borough has effected
the removal of such dangerous litter or has paid for its removal,
the actual cost thereof, plus accrued interest at the rate of 6% per
annum from the date of the completion of the work, if not paid by
such owner prior thereto, shall be charged to the owner by the borough
and the charge shall be due and payable by the owner at the time of
payment of the bill.
d.
Recorded Statement Constitutes Lien. Where the full amount
due the borough is not paid by such owner within 30 days after the
disposal of such litter, as provided for in paragraphs a and b above,
then the commissioner of public safety shall cause to be recorded
in the office of the collector of taxes a sworn statement showing
the cost and expense incurred for the work, the date the work was
done and the location of the property on which said work was done.
The recordation of such sworn statement shall constitute a lien on
the property, and shall remain in full force and effect for the amount
due in principal and interest, plus costs of court, if any, for collection,
until final payment has been made. The costs and expenses shall be
collected in the manner fixed by law for the collection of taxes and
further, shall be subject to a delinquent penalty of 8% in the event
same is not paid in full on or before the date the tax bill upon which
the charge appears becomes delinquent. Sworn statements recorded in
accordance with the provisions hereof shall be prima facie evidence
that all legal formalities have been complied with and that the work
has been done properly and satisfactorily, and shall be full notice
to every person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described
in the statement and that the same is due and collectible as provided
by law.
[Ord. No. 2013-02; Ord. No. 2017-21; Ord.
No. 2020-05]
a.
All litter
or recyclables for collection by the borough or its agent(s) shall
be placed in metal or plastic containers with covers and handles and
stored on the owner’s property. Each container shall not exceed
32 gallons and shall not weigh more than 50 pounds each. Containers
shall be covered at all times when not empty.
b.
No household
or commercial trash shall be placed in public containers or dumpsters.
c.
Any business,
commercial, industrial or construction location shall place its litter
or trash in a dumpster or container of appropriate size to prevent
spill over. Any dumpster or container used for trash or litter shall
be covered so as to prevent the blowing of any trash or litter from
the container or dumpster. Construction site dumpsters shall remain
covered at all times when unattended. No cardboard or recyclables
shall be mixed with trash.
d.
Residential
properties shall be allowed not more than eight litter receptacles
and two bulk items per regular trash collection. No bulk items shall
be collected in July and August.
e.
Commercial
or professional establishments shall be allowed not more than four
trash containers and/or recyclable receptacles to be placed for collection
at the curb line on regular collection days.
f.
Homeowner
generated construction debris including wallpaper, carpet, plaster
and building materials must be properly contained or tied securely
in bundles not more than four feet in length, which bundles shall
weigh not more than 50 pounds when placed at the curb line for collection
and removal. Not more than four containers of construction debris
shall be collected at one time.
g.
Contracted
generated debris shall be removed by the contracted business or person.
Contractors are responsible for separating recyclables from trash
and for the disposal of both in accordance with recycling and trash
laws.
h.
The Recycling
and Trash Schedule of the Borough of Harvey Cedars shall be generated
annually by the Superintendent of Public Works which shall establish
collection dates and more specifically list rules and regulations
for recycling and trash collection. Said schedule is made a part hereof
and on file at the Borough Clerk’s office.
j.
Dumpsters
are required on all construction sites before construction begins
unless otherwise exempted by the Construction Official or his/her
designee.
[Ord. No. 2017-14]
It shall be unlawful to intentionally release balloons of any
type, inflated by helium or any lighter-than-air gas or gases, as
these materials may pose a danger and nuisance to the environment,
particularly to wildlife and marine animals.
No balloon shall be used or fastened for decorative or any other
purpose to public property within the Borough.
Because the acts of one or more persons as hereafter described
do and may injure the rights of others, the following requirements
are hereby imposed and declared necessary for the general protection
of the public.
It is unlawful to dress, undress, change clothing or sleep in
any type of motor vehicle or other type of vehicle.
The playing of baseball, football, hockey, the use of skateboards
and/or roller skates, or the playing of any type of game on the public
streets running northeast and southwest within the territorial limits
of the Borough of Harvey Cedars is hereby prohibited.
The burning of rubbish, trash or disposable material is hereby
prohibited. Permits for fires for beach parties may be granted in
writing by the police department when it appears that life, health
or public safety will not be endangered; such permits being good only
for the date specified.
It is unlawful to loiter, assemble, band or crowd together on
the public streets or any other public area in such a manner as to
interfere with the rights of others to use the public streets or public
area.
It shall be unlawful at any time to consume any kind of alcoholic
beverage upon any street, highway, alley, sidewalk, approach, step,
beach, in any automobile or other vehicle parked upon any street,
highway or alley, or in any public building or any public place, except
in a licensed establishment.
[Ord. No. 2021-09; amended 3-20-2023 by Ord. No. 2023-05]
To revel, disport, or behave in a noisy and boisterous manner,
emitting loud cries and other noises, so as to inconvenience others,
or otherwise disrupt and disturb the public peace and dignity is prohibited.
No person shall operate or permit the operation of any leaf
blower, lawn mower, saw, drill, sander, grinder, or similar devices
outdoors as follows:
To act in a loud, indecent, obscene, offensive or lascivious
manner on the public streets or public areas, is prohibited.
It shall be unlawful for any person, other than those persons
in the employ of the Government of the United States of America, to
operate a bicycle having more than two wheels on the public streets
running northeast and southwest with the territorial limits of the
Borough of Harvey Cedars.
[Ord. No. 2003-08]
The act of disrobing, changing clothes, dressing or undressing
is hereby prohibited in all public places.
No room, rooms, apartment, cottage or house in this municipality
shall be rented to, by or for any group of minors unless and until
the following regulations have been complied with.
a.
Every group
of minors, when occupying a room, apartment, cottage or house shall
be under the direct, immediate and personal supervision of a parent
or guardian of one of the minors in the group or a competent adult
person having charge of and being responsible for the proper conduct
of the minors.
b.
Before
any room, apartment, cottage or house shall be occupied by a group
of minors, the parent, guardian or adult person, as the case may be,
referred to in the preceding paragraph, shall report to the police
department of this municipality and register with the police department
the name and address of the parent, guardian or adult person having
charge of such group of minors.
No landlord, real estate broker or owner of any room, apartment, cottage or house shall permit same to be occupied by any group of minors until the provisions of paragraphs a and b of Subsection 3-3.1 have been complied with.
No landlord, real estate broker or owner of any room, apartment,
cottage or house shall permit same to be occupied by or used for any
group of minors unless and until the lease is signed by a parent or
guardian of one of the minors in the group or by a competent adult
person having charge of the group of minors and being responsible
for their proper conduct.
No lease shall be sublet or assigned for use by another group
of minors unless and until the same provisions are made and carried
out as to the subletting or assignment as provided above for the original
lease.
No parent, guardian or adult person shall have charge of a group
of minors for the purpose stated herein who shall have a criminal
record.
“Group of minors” as used in this section shall
mean a unit of two or more individual persons each under the age of
18 years.
As used in this section:
All of those areas of land along the ocean front and bay
front owned by the Borough of Harvey Cedars, and those wherein the
borough has control of the use by easement deed, and all other areas
set apart by consent of owners where protected bathing areas are established;
public street ends on the bay front or ocean front.
It shall be unlawful and an offensive course of conduct to violate
or participate in the violation of any rule or regulation hereinafter
set forth, which rules and regulations are hereby adopted for and
shall apply to the government, supervision, use and policing of the
aforesaid areas, viz: those areas supervised by the borough guards
and designated as protected bathing areas.
a.
To throw,
bat or catch a baseball, football, basketball, soft ball, or engage
in the playing of any game endangering the health and safety of others
in protected beach areas where bathing is supervised. This subsection
shall not apply to the playing of beach tennis or reasonable playing
“at catch” with a soft rubber or beach ball.
b.
To swim
or bathe beyond a safe depth in the ocean, as indicated, determined
or regulated by the borough lifeguards.
c.
To use
any inflatable raft, innertube, water wings, surfboard, boat or any
floating or inflated object of any kind or description on ocean beaches
of the borough except as indicated, determined, or regulated by the
borough lifeguards.
d.
To throw,
place, deposit, or leave any bottles, glass, crockery, sharp or pointed
article or thing, paper, refuse or debris of any kind, in the areas
except in the proper receptacles provided at the street ends. No trash
cans are to be taken from the streets and placed on the beach by unauthorized
persons.
e.
All orders,
direction whistles or other signals used by the borough lifeguards
and police shall immediately be obeyed.
f.
To sleep
on the beach within the areas defined during any time between midnight
and 6:00 a.m.
g.
Changing
clothes, dressing, or undressing or otherwise to disrobe, except outer
wraps.
h.
“Picnicking”
- meaning the carrying of or otherwise transporting any box, basket,
bag, tub or other receptacle in which there is contained food or beverages,
or both, within the areas described.
It shall be unlawful for the owner or occupant of any lot, tract
or parcel of land within the borough to allow, or permit any weeds,
grass, bushes, hedges or rubbish to grow, accumulate, or remain upon
such land, to the extent that the same, when dry, would become inflammable
and constitute a fire hazard dangerous to life or property within
the borough.
Whenever it shall come to the notice of the board of commissioners of the borough, that a condition violative of Subsection 3-5.1 of this chapter exists, upon any lot, tract or parcel of land within the borough, the board may instruct and cause the borough clerk, or such other officer of the borough as the board may designate, to serve notice in writing upon the owner or occupant of the parcel of real estate to remove the weeds, grass, bushes, hedges or rubbish within 14 days after the service of such notice.
Upon the failure of the owner or occupant to comply with the
requirements of the notice, the borough will cause the work to be
done, in which event the cost thereof shall be charged against the
owner or occupant of the lands.
In the event the owner or occupant of the land shall fail, neglect
or refuse to comply with the requirements of the aforesaid notice,
within the time required by the notice, then the board of commissioners
may cause such weeds, grass, bushes, hedges or rubbish to be removed
from the lands, whenever the same shall constitute a fire hazard,
dangerous to life and property within this borough.
Whenever the borough shall cause the work mentioned in Subsection 3-5.3 hereof to be done, the cost of the work shall be certified to the board and, if and when the cost thereof shall have been approved by the board, the collector of taxes shall enter the cost of the work as a charge and lien against the lands upon which the work was done, and the same shall constitute a lien against the lands and shall be collected, and the payment thereof enforced, in the same manner as other taxes and assessments against the lands are collected and enforced.
In lieu of the procedure set forth in Subsection 3-5.4 hereof, the borough may recover the cost of such work against the owner or occupant of such land by an action of law, in accordance with the statute in such case made and provided.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
[Ord. No. 2006-02]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Harvey Cedars any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
Any person to be in violation of this ordinance shall be ordered
to cease the feeding immediately.
It shall be unlawful for any person, either for himself or as
agent or representative of another person, or as an officer or agent
for any corporation, or as a member of a partnership, with intent
to defraud, to make, draw, utter or deliver any check, draft or order
for the payment of money in a sum not in excess of $200, upon any
bank or other depository for the payment in full of such instrument
upon its presentation although no express representation is made in
reference thereto.
The making, drawing, uttering or delivering of a check, draft
or order as stated in the foregoing subsection shall be prima facie
evidence of intent to defraud, and the certificate of protest of nonpayment
of same shall be presumptive evidence that there were no funds or
insufficient funds in or credit with such bank or other depository
and that the person making, drawing, uttering or delivering the instrument
knew that there were no funds or insufficient funds in or credit with
such bank or other depository.
It shall be unlawful for the owner of any land in the borough
to allow the land to be below grade or to permit the presence thereon
of any stagnant water or refuse or other obnoxious materials, all
of which provide breeding areas for mosquitoes, flies and other insects
injurious to the public health.
Upon complaint of any resident or property owner, or upon his
own motion, the commissioner of public affairs and safety, or his
designated agent, shall investigate the condition complained of. If
a violation of this section is found to exist, the commissioner of
public affairs and safety shall give notice to the owner either personally
or by certified mail addressed to him at his address as shown on the
last tax duplicate of the borough, requiring him to eliminate the
violation and fill the land with clean fill to a street grade height
of eight inches, within 10 days after giving of the notice.
If the owner of the land shall refuse or neglect to comply with
the notice within the ten-day period, the borough shall be empowered
to have the necessary work done. In such event the cost thereof shall
be certified to the board of commissioners, which board shall examine
the certificate, and if the same be found correct shall cause the
cost as shown thereon to be charged against the lands in question.
The amount so charged shall forthwith become a lien on the land, 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.
For violation of any provisions of this chapter, any other chapter
of this revision, or any other ordinance of the borough where no specific
penalty is provided regarding the section violated, the maximum penalty
upon conviction, shall be a fine not exceeding $1,000, or imprisonment
for a period not exceeding 90 days, or both. (N.J.S.A. 40:49-5)
Except as otherwise provided every day in which a violation
of any provision of this chapter or any other ordinance of the borough
exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
The governing body may prescribe that, for the violation of
any particular code provision or ordinance, at least a minimum penalty
shall be imposed which shall consist of a fine which may be fixed
at an amount not exceeding $100. (N.J.S.A. 40:49-5)
As used in this section:
The administration by any person or method of exerting or
applying pressure, friction, moisture, heat or cold to the human body
with a rubbing, stroking, kneading, pounding, or tapping of the human
body by any physical or mechanical means for any form of consideration.
Any establishment or operation wherein a massage is administered
or is permitted to be administered when such massage is administered
for any form of consideration.
Any person, male or female, who administers a massage for
any form of consideration.
No person shall operate any establishment or utilize any premises
in the Borough of Harvey Cedars as or for a massage parlor.
No person shall render or perform services as a massager or
engage in the business of or be employed as a massager.
The provisions of this section shall not apply to massage or
physical therapy treatment given by a registered massager, R.M.T.
or A.M.T.A. in:
a.
The office
of a licensed physician, chiropractor, or physical therapist;
b.
In a regular
established medical center, hospital, or sanitarium having a staff
which includes licensed physicians, chiropractors and/or physical
therapists;
c.
By any
licensed physician, chiropractor or physical therapist in the residence
of his patient;
d.
By any
presently existing massage establishment operated or maintained by
a corporation organized under Title 15 of the Revised Statutes of
the State of New Jersey.
As used in this section, the following terms shall have the
meanings indicated.
An establishment having as a substantial or significant portion
of its stock in trade books, magazines, and other periodicals and
films and other viewing materials which are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
special sexual activities, sexual conduct, or specified anatomical
areas, or an establishment with a segment or section devoted to the
sale or display of such material.
An enclosed building used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities, sexual conduct or specified
anatomical areas for observation by patrons therein.
Film or films in which any person is shown, depicted or revealed
in any act of sexual conduct or sadomasochistic abuse.
Flagellation or torture by or upon a human being who is nude,
clad in undergarments or the condition of one who is nude or so clothed
and is being fettered, bound, or otherwise physically restrained.
Human masturbation or sexual intercourse between members
of the same or opposite sex or between humans and animals, in an act
of apparent sexual stimulation or gratification.
No person shall operate any establishment or utilize any premises
in the Borough of Harvey Cedars as or for an adult bookstore or an
adult motion picture theater.
It is hereby found and declared that operation of a retail and/or
service establishment between the hours of 12:00 midnight and 5:00
a.m. constitutes a detriment to the public health, comfort, safety
and welfare of the residents of the borough.
The necessity in the public interest for the provisions, regulations
and prohibitions contained in this section, is declared as a matter
of legislative determination and public safety; and it is further
declared that the provisions, regulations and prohibitions hereinafter
contained are in the pursuance of and for the purpose of securing
and promoting the public health, safety and welfare, and the peace
and quiet of the borough and its inhabitants.
a.
As used
in this section. a “retail establishment” is defined as
a commercial enterprise that sells or provides goods and/or services
to the general public.
Any retail and/or service establishment may not open for business
before 5:00 a.m., nor remain open for business past midnight. No customers
may remain on the premises after said establishment is closed.
A violation of this section is punishable by a fine not exceeding
$500 per occurrence.
[Ord. No. 2013-05]
a.
It shall
be unlawful for any person in a public park or recreation area to:
1.
Willfully
mark, deface, disfigure, injure, tamper with or displace or remove
any buildings, bridges, tables, benches, fireplaces, railings, pavings
or paving materials, water lines or other public utilities or parts
or appurtenances thereof, signs, notices or placards, whether temporary
or permanent, monuments, stakes, posts or other boundary markers,
or other structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
2.
Fail
to cooperate in maintaining rest rooms and wash rooms in a neat and
sanitary condition.
3.
Dig or
remove any soil, rock, sand, stones, trees, shrubs or plants or other
wood or materials, or make any excavation by tool, equipment, blasting
or other means or agency.
4.
Construct
or erect any building or structure of whatever kind, whether permanent
or temporary, or run or string any public service utility into, upon
or across such lands, except on special written permit issued hereunder.
5.
Damage,
cut, carve, transplant or remove any tree or plant or injure the bark,
or pick flowers or seed of any tree or plant, dig in or otherwise
disturb grassed areas, or in any other way injure the natural beauty
or usefulness of any area.
6.
Climb
any tree or walk, stand or sit upon monuments, vases, planters, fountains,
railings, fences or upon any other property not designated or customarily
used for such purposes.
7.
Tie or
hitch an animal to any tree or plant.
8.
No person
shall hunt, molest, kill, wound, trap, abuse, shoot, pursue, or throw
missiles at, remove, or have in his possession any animals, reptiles,
or birds found within a borough park, nor disturb its habitat within
a borough park, or knowingly buy, receive, have in his possession,
sell or give away any such animal, reptile, bird or eggs so taken,
except as may be specifically provided for, and being in accordance
with State/Federal Fish and Game Laws.
9.
Throw,
discharge, or otherwise place or cause to be placed in the waters
of any fountain, pond, lake, stream, or other body of water in any
park or tributary stream, storm sewer, or drain flowing into such
water, any substance, matter or thing, liquid or solid, which will
or may result in the pollution of said waters.
10.
Have
brought in or shall dump in, deposit or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or
refuse, or other trash. No such refuse or trash shall be placed in
any waters in any park, or left anywhere on the grounds thereof, but
shall be placed in the proper receptacles where these are provided;
where receptacles are not provided, all such rubbish or waste shall
be carried away from the park by the person responsible for its presence,
and properly disposed of elsewhere.
11.
Drive
or park any vehicle on any area except the paved park roads or parking
areas, or such areas as may on occasion be specifically designated
as temporary areas by the Governing Body.
12.
Leave
a vehicle standing or parked at night in established parking areas
or elsewhere in the park areas. No motor vehicle shall be parked in
said park areas from 1/2 hour after sunset until sunrise, except as
otherwise permitted.
13.
Ride
a bicycle without reasonable regard to the safety of others.
14.
Leave
a bicycle lying on the ground or paving or set against trees, or in
any place or position where a person may trip over or be injured by
it.
15.
Swim,
bathe, or wade in any waters or waterways in any park, except in such
waters, and at such places as are provided therefor, and in compliance
with such regulations as are herein set forth, or may be hereinafter
adopted, nor shall any person frequent any waters or places customarily
designated for the purpose of swimming or bathing, or congregate thereat
when such activities are prohibited by the Governing Body upon a finding
that such use of water would be dangerous or otherwise inadvisable.
16.
Erect,
maintain, use or occupy on or in any beach or bathing area any tent,
shelter, or structure of any kind, nor shall any guy wire, rope, or
extension, brace, or support, be connected or fastened from any such
structure to any other structure, stake, rock or other object outside
thereof.
17.
Bring
into or operate any boat, raft, or other water raft, whether motor
powered or not, upon any waters, except at places designated for boating
by the Governing Body. Such activity shall be in accordance with applicable
regulations as are now or will hereafter be adopted.
18.
Navigate,
direct, or handle any boat in such a manner as to unjustifiably or
unnecessarily annoy or frighten or endanger the occupant of any other
boat.
19.
Fish
in any area where bathing is permitted.
20.
Shooting
into park areas from beyond park boundaries is forbidden. No person
shall carry or possess firearms of any description, or air-rifles,
spring-guns, bow and arrows, slings or any other forms of weapons
potentially inimical to wildlife and dangerous to human safety, or
any instrument that can be loaded with and fire blank cartridges,
or any kind of trapping device, except as may be specifically provided
for, and being in accordance with State/Federal Fish and Game Laws.
21.
Picnic
or lunch in a place other than those designated for that purpose.
Attendants shall have the authority to regulate activities in such
areas when necessary to prevent congestion and to secure the maximum
use for the comfort and convenience of all. Visitors shall comply
with any directions given to achieve this end.
22.
Violate
the regulation that use of individual fireplaces, together with tables
and benches follows the generally accepted rule of “First Come,
First Served.”
23.
Use
any portion of the picnic area or any of the buildings or structures
therein for the purpose of holding picnics to the exclusion of other
persons, nor shall any person use such areas and facilities for an
unreasonable time, if the facilities are crowded.
24.
Leave
a picnic area before the fire is completely extinguished and before
all trash is placed in the disposal receptacles where provided. If
no such trash receptacles are available, then trash shall be carried
away from the park area by the picnicker to be properly disposed of
elsewhere.
25.
Set
up tents, shacks, or any other temporary shelter for the purpose of
overnight camping, nor shall any person leave in a park, after closing
hours, any movable structure or special vehicle to be used, or that
could be used for such purpose, such as a house-trailer, camp-trailer,
camp-wagon, or the like, except in those areas designated by the Governing
Body for those purposes.
26.
Take
part in or abet the playing of any games involving thrown or otherwise
propelled objects such as balls, stones, arrows, javelins, horseshoes,
quoits, or model airplanes, except in those areas set apart for such
forms of recreation. The playing of rough or comparatively dangerous
games such as football, baseball and lacrosse is prohibited, except
on the fields and courts or areas provided therefor. Roller skating
shall be confined to those areas specifically designed for such pastime.
27.
Ride
a horse, except on designated bridle trails, where permitted. Horses
shall be thoroughly broken and properly restrained, and ridden with
due care, and shall not be allowed to graze or go unattended, nor
shall they be hitched to any rock, tree or shrub.
a.
While
in a public park or recreation area, all persons shall conduct themselves
in a proper and orderly manner, and in particular, no person shall:
1.
Bring
alcoholic beverages, drink same at any time, nor shall any person
be under the influence of intoxicating liquor in a park.
2.
Have
in his possession, or set, or otherwise cause to explode or discharge
or burn, any firecrackers, torpedo rockets, or other fireworks, firecrackers,
or explosives of inflammable material, or discharge them or throw
them into any such areas from lands or highways adjacent thereto.
This prohibition includes any substance, compound, mixture, or article
that in conjunction with any other substance or compound would be
dangerous from any of the foregoing standpoints. At the discretion
of the Governing Body, permits may be given for conducting properly
supervised fireworks in designated park areas.
3.
Be responsible
for the entry of a dog or other domestic animal into areas clearly
marked by the park and recreation commission by signs bearing the
words “Domestic Animals Prohibited in this Area.” Nothing
herein shall be construed as permitting the running of dogs at large.
All dogs in those areas, where such animals are permitted, shall be
restrained at all times on adequate leashes not greater than six feet
in length.
4.
Solicit
alms or contributions for any purpose, whether public or private.
5.
Build
or attempt to build a fire except in such areas and under such regulations
as may be designated by the Governing Body. No person shall drop,
throw, or otherwise scatter lighted matches, burning cigarettes or
cigars, tobacco, paper or other inflammable material within any park
or on any highways, roads, or streets abutting or contiguous thereto.
6.
Enter
an area posted as “Closed to the Public” nor shall any
person use, or abet in the use of any area in violation of posted
notices.
7.
Gamble
or participate in or abet any game of chance, except in such areas,
and under such regulations, as may be designated by the Governing
Body.
8.
Go onto
the ice on any of the waters, except such areas as are designated
as skating fields, and provided a safety signal is displayed.
9.
Upon
request to fail to produce and exhibit a permit from the Governing
Body he claims to have to any authorized person who shall desire to
inspect the same for the purpose of enforcing compliance with an ordinance
or rule.
10.
Disturb
or interfere unreasonably with any person or party occupying any area,
or participating in any activity under the authority of a permit.
11.
Expose
or offer for sale any article or thing, nor shall he station or place
any stand, cart or vehicle for the transportation, sale or display
or any such article or thing. Exception is hereby made as to any regularly
licensed concessionaire acting by and under the authority and regulation
of the Governing Body.
12.
Paste,
glue, tack or otherwise post any sign, placard, advertisement, or
inscription whatever, nor shall any person erect or cause to be erected
any sign whatever on any park lands or highways or roads in any park.
[Ord. No. 2013-05]
a.
Except
for unusual and unforeseen emergencies, parks shall be open to the
public every day of the year during designated hours. The opening
and closing hours for each individual park shall be posted therein
for public information and shall be determined from time to time by
resolution of the Governing Body.
b.
No person
shall, on the grounds of race, color, national origin, religion, age,
sex, or handicap be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in any park
facility, program or activity.
c.
Discrimination
on the basis of residence, including preferential reservation, membership
or annual permit systems, is prohibited except to the extent that
reasonable differences in admission and other fees may be maintained
on the basis of residence in any park.
[Ord. No. 2013-05]
Permits for special events in parks shall be obtained by application to the Governing Body in accordance with § 4-9 entitled Municipal Property Usage Permits and Fees.
[Ord. No. 2013-05]
a.
The Governing
Body and park attendants shall, in connection with their duties imposed
by law, diligently enforce the provisions of this section.
b.
The Governing
Body and any park attendant shall have the authority to eject from
the park area any person or persons acting in violation of this section.
c.
The Governing
Body and any park attendant shall have the authority to seize and
confiscate any property, thing or device in the park, or used, in
violation of this section.
d.
This section
shall also be enforced by the Harvey Cedars Police Department.
[Ord. No. 2013-05]
Any person violating any of the provisions of this section or
any rule or regulation promulgated hereto, shall upon conviction be
subject to the replacement, repair or restoration of any damaged park
property, and shall be subject to a fine not exceeding $500.
This section is in addition to and not in derogation of any
other ordinance involving or effecting any of the subject matters
contained within the section.
[Ord. No. 2006-07; Ord. No. 2013-09; Ord.
No. 2018-11]
It is not the policy of the board of commissioners of the Borough
of Harvey Cedars to deny anyone the right to smoke. However, the board
of commissioners finds that in the areas affected by this section,
the right of the nonsmoker to breathe clean air should supersede the
right of the smoker to smoke.
[Ord. No. 2006-07; Ord. No. 2013-09; Ord.
No. 2018-11]
The bathing area located at the west end of West 75th Street
and Barnegat Bay, which includes the fenced swimming area, the sandy
beach area and the pavilion.
All Borough owned buildings and interior spaces that are
open to the general public, including, but not limited to, the post
office, police department and the office of the Superintendent of
Public Works.
The entire building commonly known and designated as the
Reynold Thomas Borough Hall located at 7606 Long Beach Blvd., Harvey
Cedars, New Jersey.
The area of beach bordering the Atlantic Ocean extending
the entire length of the borough of Harvey Cedars from William Street
to 86th Street and extending eastwardly of the bulkhead line to 100
feet seaward of the mean high water line.
The act of inhaling, exhaling, burning, carrying or using
any electronic device, lighted cigarette, cigar, pipe, weed, plant
or other combustible substance in any manner or in any form.
The entire recreational area located at West Salem Avenue.
[Ord. No. 2018-11]
Smoking is prohibited in the following areas:
[Ord. No. 2013-09]
Enforcement shall be through police or citizen complaint. Anyone
violating this section shall be subject to the issuance of a summons
returnable in the Municipal Court of the Borough of Harvey Cedars,
and subject to a minimum fine of $50.
a.
Towing and
storage of motor vehicles or vessels which are stolen, abandoned,
involved in a crime, involved in a fatal accident or accidents which
in the judgment of the police may become fatal, shall be considered
police impounds. Said vehicle or vessel shall be towed to the designated
police impound property.
b.
The cost
of the said towing shall be borne by the owner of the vehicle or vessel
who shall reimburse the towing contractor for his charges.
c.
The Borough
of Harvey Cedars shall charge at the rate of $10 per day, storage
fees for vehicles or vessels stored in its unsecured lot owned and
operated by the Borough of Harvey Cedars.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any device designed, when actuated, to produce or emit a
sound or transmit a signal or message for the purpose of alerting
others to the existence of an emergency situation requiring immediate
investigation by alarm, police, fire or other agent.
The borough chief of police or representative shall be responsible
for the enforcement of this section and any administrative duties
regarding the regulation and control of alarm business, agents and
systems in the borough.
The activation of an alarm system by causes other than those
to which the alarm system was designed or intended to respond.
The volunteer fire company or companies located within the
Borough of Harvey Cedars.
a.
The borough
chief of police and/or representative is authorized, at reasonable
times and upon oral notice, to enter any premises in the Borough of
Harvey Cedars to inspect the installation and/or operation of any
alarm device as official business.
b.
All business
having fire alarms must submit the names, addresses and emergency
numbers of persons to contact, if the alarm is activated, to the chief
of police and shall update and/or amend this list annually. This list
is confidential and shall be used by the police and/or fire department
when necessary to make contact due to official business.
a.
The borough
chief of police shall keep a written record (the police event/dispatch
card) of all false alarms which summon the police department or fire
department to investigate.
a.
The following
chief of police inspection fees shall be applicable as a result of
excessive false alarms:
It shall be unlawful for any minor under the age of 18 years
to loiter or remain in or upon any public street, highway, sidewalk,
road, playground, alley, park, vacant lot, bathing beach, public building,
place of amusement or places of business conducted for profit to which
the public is invited or unsupervised places, either on foot or in
or upon any vehicle within the Borough of Harvey Cedars between the
hours of 12:00 midnight, prevailing time, and 6:00 a.m., prevailing
time, on the following day; provided, however, that the provisions
of this section shall not apply to any such minor when accompanied
by his parent or parents, guardian or other adult person having custody,
care or control of such minor.
It shall be unlawful for any parent, guardian or other adult
person having custody, care or control of a minor child under the
age of 18 years to knowingly permit such minor to loiter or remain
unaccompanied by such parent, guardian or other adult person, upon
any public street, highway, sidewalk, road, playground, alley, park,
vacant lot, bathing beach, public building, place of amusement or
places of business conducted for profit to which the public is invited
or unsupervised places, either on foot or in or upon any vehicle within
the borough, between the hours of 12:00 midnight, prevailing time,
and 6:00 a.m., prevailing time, on the following day.
The provisions of this section shall not apply to any minor
under the age of 18 years during the time necessarily required for
such minor to travel to his or her residence from:
a.
A place
of employment at which such minor may be gainfully employed;
b.
A school
or place of instruction at which such minor may be in bona fide attendance.
c.
A place
at which a function may be held which shall be or has been sponsored
by a school, religious or civic organization, or which shall be or
has been a properly supervised event or program, or
d.
A place
at which a bona fide, supervised social meeting, gathering or assemblage
had taken place.
Should any emergency arise necessitating a minor child under
the age of 18 years to be dispatched on an errand requiring his presence
on a street or in an automobile, or in any public or quasi-public
place, as aforesaid, during the curfew hours established, he shall
have in his possession a note signed by the parent, guardian or other
person having custody, care or control of such minor child under the
age of 18 years, stating the nature of the errand, the necessity therefor,
the place to which the child is to go, the time and date note was
issued and the time required for the errand. Failure to comply with
the provisions of this paragraph shall constitute a violation of this
section.
If it shall be established that a minor under the age of 18
years loitered or remained in or upon any of the public or quasi-public
places in the borough, as above set forth, in violation of this section,
then it shall be presumed, in the absence of proof to the contrary,
that the parent or other adult person having the care, control or
custody of the minor knowingly permitted such conduct on the part
of the minor.
The Board of Commissioners of the Borough of Harvey Cedars has
determined that the purpose of this section is to protect and promote
the public health and welfare of the community by imposing reasonable
regulations on the generation of dust and other airborne pollutants
from the causes herein set forth.
Any person, firm, corporation or other legal entity engaged
in cutting any stone or masonry products, including, without limitation,
brick pavers, bricks, concrete blocks and stone, shall perform such
cutting only by using water-dampened cutting disks or water-dampened
cutting saws to control as much as may be practicable the dispersion
of dust generated by such cutting; and any person, firm, corporation
or other legal entity sanding any fiberglass product or fiberglass
deck shall do so only with a sander equipped with a vacuum-type bag
to capture to the greatest extent possible the particles of ground
fiberglass generated by the cutting or sanding operation; and any
person, firm, corporation or other legal entity utilizing bleach when
power-washing any building, deck, patio, walkway, driveway or vessel
or any other object in the Borough of Harvey Cedars shall do so in
such a way and in such a manner that airborne mist generated by the
power-washing operation, which mist may contain bleach, shall not
be permitted to drift onto any adjoining property but shall be contained
on the site where the power-washing operation is being conducted.
[Ord. No. 2022-16]
Any person, firm, corporation or other legal entity which violates
any provision of this article shall be subject to a civil penalty
for each offense of not more than $2,000. If the violation is of a
continuing nature, each day during which it occurs shall constitute
an additional and separate distinct offense.
The Board of Commissioners of the Borough of Harvey Cedars has
found and determined that the operation of oversized vehicles on municipal
roadways can create public safety problems to other vehicles, property
and persons, together with impeding access to emergencies by emergency
vehicles including police, fire and first aid.
Before anyone can operate an oversized vehicle on municipal
roads, that individual or company must receive prior approval from
the Chief of Police or his designee.
The Chief of Police or his designee may deny permission in his
discretion, until he deems it safe to operate said oversized vehicle.
[Ord. No. 2006-19]
Failure to obtain said approval shall subject the violator to the penalties set forth in Subsection 3-9.1
[Ord. No. 2021-07]
