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.
A. 
No person shall drink, imbibe or consume any alcoholic beverage in or upon a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area or any other public or quasi-public place, or in a public conveyance or private motor vehicle while the same is in motion or parked in any public street, lane, public parking lot or public or quasi-public place, or on any private property not his own without the express permission of the owner or other person having authority to grant such permission. No person shall have in his possession or possess any alcoholic beverage in an unsealed container, on or upon any public street, road, alley, sidewalk, park, playground or in, on or upon any land or building owned or occupied by the Borough government.
B. 
No plenary retail consumption, seasonal retail consumption, plenary retail distribution, limited retail distribution, club license, or any other license the granting of which shall be subject to the control of this municipality, shall be granted within or by the Borough of Mantoloking.
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.
A. 
Any person found guilty of violating the terms of this section involving alcoholic beverage activity shall, in the case of an adult under the legal age to purchase an alcoholic beverage, be subject to a fine of $250 for a first offense and a fine of $350 for any subsequent offense.
B. 
For a violation involving cannabis activity, in the case of an adult under the legal age to purchase cannabis items, shall be punished as follows:
(1) 
If the cannabis item possessed is an amount which may be lawfully possessed by a person of the legal age to purchase cannabis items:
(a) 
For a first offense: a civil penalty of $100.
(b) 
For a second offense: a civil penalty of $200.
(c) 
For a third or subsequent offense: a fine of $350.
(2) 
If the cannabis item possessed is an amount that exceeds what may be lawfully possessed by a person of the legal age to purchase cannabis items:
(a) 
For a first offense: a fine of $250.
(b) 
For a second or subsequent offense: a fine of $350.
C. 
In addition, the Court may, upon a finding of guilt, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years. If the defendant at the time of the imposition of the sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
D. 
The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The defendant shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
E. 
If the person convicted under this section is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Motor Vehicle Commission the required report. The Court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the Court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
A. 
This section shall not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
B. 
This section shall not prohibit the possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who was licensed under Title 33 of the revised statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
A. 
An underage person and one or two other persons, if applicable, shall be immune from prosecution under this chapter prohibiting any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage or cannabis item on private property if:
(1) 
One of the underage persons called 911 and reported that another underage person was in need of medical assistance due to alcohol consumption or the consumption of a cannabis item;
(2) 
The underage person who called 911 and, if applicable, one or two other persons acting in concert with the underage person who called 911 provided each of their names to the 911 operator;
(3) 
The underage person was the first person to make the 911 report; and
(4) 
The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 911 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.
B. 
The underage person who received medical assistance as provided in Subsection A(1) above shall also be immune from prosecution under this section prohibiting the possession or consumption of an alcoholic beverage or cannabis 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.
A. 
General requirements. It shall be the responsibility of all persons that maintain alarm systems within the Borough to provide current information to the police, consisting of the names and telephone numbers of responsible persons who may be contacted in case of emergency or who are authorized to provide service to the alarm system; either must be on a 24-hour basis. This information is to be filed with the police when the alarm system is initially placed into service and must be revised immediately whenever changes are necessary.
(1) 
Audible alarms must be silenced within 30 minutes after a designated responsible person is notified to do so by the police, or the alarm system may be equipped with a timing device that will automatically silence the audible alarm within 30 minutes after it is actuated.
(2) 
It shall be the responsibility of all persons within the Borough to prevent the transmission of false alarms through a program of training and periodic inspection and maintenance of the system. The maximum permissible number of false alarms from any one location shall be as follows: (1) One false alarms in any 30-day period, or three false alarms in any one-year period. False alarms in excess of these standards shall be considered to be in violation of this chapter.
B. 
Exceptions. The provisions of this chapter shall not apply to the general alerting alarms that may be used by fire companies, ambulances squads or civil defense agencies to summon response of their members. The provisions of this chapter shall not apply to alarm systems that are affixed to motor vehicles.
C. 
Violations and penalties. Any person violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1,000.00, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each incident shall be considered as a separate violation.
[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.