For the purpose of this section, a container shall be regarded
as "unsealed" when:
A. The lid,
top, or cork has been removed;
B. Any of
its contents have been removed; or
C. The government
tax stamp or seal has been removed or broken.
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.
GUARDIAN
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
It is unlawful for any person under the legal age to, without
legal authority, knowingly possess or knowingly consume an alcoholic
beverage or a cannabis item, other than by smoking, vaping or aerosolizing,
on private property.
No person shall urinate or defecate in any public street, sidewalk
or public or quasi-public place not provided for such purpose.
It shall be unlawful for any person to make, continue or cause
to be made or continued any unreasonably loud, unnecessary or unusual
noise which either unreasonably disturbs or endangers the comfort,
repose, health, peace or safety of others within the limits of the
Borough.
The following acts are hereby declared to be examples of unlawful
noise disturbances, i.e. noises that annoy, disturb, injure, or endanger
the comfort, repose, health, peace or safety of others and are in
violation of this section:
A. Horns.
The sounding of any horn or signaling device on any motor vehicle
on any public right-of-way, except as a danger warning signal or as
provided in the vehicle code of the State of New Jersey, N.J.S.A.
39:1 et seq.
B. Radios,
television sets and similar devices.
(1) Operating
or permitting the use or operation of any radio receiving set, musical
instrument, television, phonograph, drum or other device for the production
or reproduction of sound, in such a manner as to cause a noise disturbance;
or
(2) Operating
any such device between the hours of 10:00 p.m. and 8:00 a.m. the
following day in such a manner as to be plainly audible across real
property boundaries or through partitions common to two (2) parties
within a building or plainly audible at fifty (50) feet from such
device when operated within a motor vehicle parked on a public right-of-way
or on a public space, or within a motorboat.
C. Exterior
or interior loudspeakers. Using or operating any mechanical device
or loudspeaker in a fixed or movable position interior or exterior
to any building, or mounted upon any aircraft, motor vehicle or motorboat
such that the sound therefrom is plainly audible at or beyond the
property boundary of the source, or on a public way between the hours
of 10:00 p.m. and 8:00 a.m. the following day.
D. Animals.
The keeping of any animals which, by causing frequent or long-continued
noise, disturbs the comfort or repose of any person in the vicinity.
E. Construction,
repair and loading noise.
(1) Operating
or causing to be operated any equipment used in commercial construction,
repair, alteration or demolition work on building, structures, streets,
alleys or appurtenances thereto, in residential or commercial land
use categories between the hours of 6:00 p.m. and 8:00 a.m. the following
day on weekdays, between 6:00 p.m. Saturday night and 8:00 a.m. Monday
morning and on legal holidays. This shall include but not be limited
to cranes, bulldozers, backhoes, front end loaders, trucks and dumptrucks,
commercial saws, jackhammers, nail guns and other similar construction
equipment. This prohibition includes using any power tool between
the hours of 6:00 p.m. and 8:00 a.m. the following day. This shall
include but not be limited to lawn mowers, edge trimmers, leaf blowers,
chain saws, power saws, electric drills and similar tools. Nothing
in this section shall prohibit the use of such tools indoors or in
such other fashion so that any sound created is not plainly audible
beyond the property boundary.
(2) Construction
activities of any nature whatsoever shall not be permitted on: New
Year's Day; Memorial Day; July 4th; Labor Day; Thanksgiving Day; Christmas
Day; Or on any Sunday. During the period from June 15th to September
15th, no commercial construction activity, of any nature whatsoever
shall be permitted on Saturday. Commercial landscape maintenance activity
shall be permitted until 12:00 noon on Saturday, upon the condition
that vehicles or equipment associated with the activity shall not
be parked upon public roads.
A noise disturbance shall also include any sound in excess of the standards set forth in N.J.A.C. 7.29-1.2. However, for purposes of this section, the sources of noise described in N.J.A.C. 7:29-1.2(a) and (b) shall also include a residence. All measurements shall be made in accordance with the standards set forth in N.J.A.C. Chapters
7:29 and 7:29B.
[Amended 6-18-2024 by Ord. No. 2024-24; 7-16-2024 by Ord. No. 2024-27]
A. Fires. No
person shall set fire to any materials on their property except when
utilizing the proper fuel necessary for charcoal burners, other open‐flame
cooking devices, and outdoor fireplaces. Setting fire to weeds, brush,
tree branches, garbage, debris, refuse or trash or similar items,
shall be strictly prohibited.
B. Smoke and
odors. No person shall permit, suffer, allow or cause to be emitted
any fumes, gasses, vapors, steam or other substance of such nature
or quantity as to be injurious to life, healthy plants, trees, animals,
crops, buildings or other property or permit, allow or cause to be
emitted any dense smoke which contains carbon, soot, fly ash or other
substances in sufficient quantities as to cause or permit the deposit
of such carbon, soot, fly ash or other substances on any surface.
(1) For purposes
of this section, a violation shall be deemed to occur when such odor,
fumes, gasses, vapors, steam, smoke or other substances escape into
the air or beyond the confines of the premises emitting the same or
within a structure to which the public is admitted. The duration of
density of the emissions shall not be determinative of whether a violation
has occurred, but may be considered by the court in the fixing of
a penalty.
C. Public nudity
and disrobing. No person shall appear or travel on any street, avenue,
highway, road, beach, beachfront or waterway located in the Borough
of Mantoloking, or to appear in any public place, store, or business
in said Borough in a state of nudity.
D. Disrobing.
No person shall undress or change their clothes in the open on any
public or private highway, road or street, or any public or private
lot or premises, in the Borough. This shall include any automobile,
truck or other vehicle, located on any public or private highway,
road or street, or any public or private lot or premises, in the Borough.
E. Failure to
obey direction of officer. All individuals operating any vehicle within
the Borough must comply with the directions of the Officer.
F. Sleeping
in vehicles prohibited. No person shall at any time use any automobile,
truck, boat, or other vehicle located on any public or private highway,
road, or street, or any public or private lot or premises in the Borough
for sleeping or living purposes.
G. Obstruction
or interference with police. No person in this Borough shall resist,
obstruct or interfere with any police officer or any person duly empowered
with police authority nor shall any person disobey a lawful order
or instruction of any such officer. This includes, but is not limited
to, attempting to flee or evade any police officer or any person duly
empowered with police authority while in the discharge or apparent
discharge of his/her duty.
Notwithstanding any other section of this chapter or any other
ordinance, the maximum penalty for violating any provision of this
chapter shall be, in the discretion of the Court, a fine of up to
two thousand dollars ($2,000.00) and/or imprisonment for a period
of up to ninety (90) days and/or a period of community service not
exceeding ninety (90) days.