[1]
Editor's Note: Former Section 3-1, Removal of Brush, Weeds and Obnoxious Growths, previously codified herein and containing portions of Ordinance No. 206, was repealed in its entirety by Ordinance No. O-06-5. See Chapter 20, Property Maintenance Code for regulations pertaining to removal of brush, weeds and obnoxious growths.
[Ord. #256, S 1.1]
As used in this section:
COMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature.
a. 
Which advertises for sale any merchandise, product, commodity, or thing; or
b. 
Which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
c. 
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; or
d. 
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 advertisor or distributor.
NEWSPAPER
Shall mean 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 regulation, or a newspaper filed and recorded with any recording officer as provided by law; or, in addition thereto, shall mean and include any periodical or magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed matter or otherwise reproduced original or copies of any matter of literature not included in the definition of commercial handbill or newspaper.
PERSONS
Shall mean any person, firm, company, partnership, corporation or entity and/or the agents, servants or employees thereof who distribute, deliver or deposit or cause to be distributed, delivered or deposited any printed matter, other than by means of postal services, at any address in the Borough.
PRIVATE PROPERTY OR PREMISES
Is any property not defined as a public place.
PUBLIC PLACE
Is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
VEHICLE
Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[Ord. #256, S 1.2]
No person shall distribute, throw, deposit or deliver any commercial or noncommercial handbill or newspaper in or on any public place within the Borough provided, however, that it shall not be unlawful on any street, sidewalk, or other public place within the Borough, for the person to hand out or distribute to the receiver thereof any handbill or newspaper to any person willing to accept it.
[Ord. #256, S 1.3]
No person shall throw, attach or deposit any commercial or noncommercial handbill or newspaper in or on any vehicle, or any part thereof, provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute to the receiver thereof a handbill or newspaper to any occupant of a vehicle who is willing to accept it.
[Ord. #256, S 1.4]
a. 
No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or on any private premises which are temporarily or continuously uninhabited or vacant.
b. 
No person shall throw, deposit, distribute or deliver any commercial or noncommercial handbill or newspaper on any private premises if requested by anyone thereon not to do so, or if there is place on the premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing" or "No Peddlers, or Agents," such notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left on their premises.
c. 
No person shall throw, deposit, distribute or deliver any commercial or noncommercial handbill in or on private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or on such private premises. It is provided, however, that in case of inhabited private premises which are not posted as provided in paragraph b., such person unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or on such inhabited private premises by attaching same to a permanent structure in a manner as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places, provided, however, that mailboxes may not be used when so prohibited by Federal Postal Law or Regulations.
1. 
The provisions of this paragraph shall not apply to the distribution of mail by the United States nor to newspapers except that newspapers shall be placed on private premises attached to a permanent structure in a manner as to secure or prevent them from being blown or drifted about the premises or sidewalks, streets, or other public places, provided, however, that mailboxes may not be used when so prohibited by Federal Postal Law or Regulations.
[Ord. #256, S 2.1]
Pursuant to N.J.S. 40:49-5, any person violating any section of this section shall, upon conviction, be liable to the fines as established in Chapter 1, Section 1-5, of this Code.
[Ord. #336, S 7, i]
No sound of any nature or kind issuing from the licensed premises, the area surrounding the licensed premises or any activity associated with the licensed premises, shall produce noise, the sound pressure level of which measured at the point of annoyance complained of shall exceed 50 decibels or which shall be more than 10 decibels above the existing background sound level, whichever is less. This standard is based on noise levels as measured on the "A" weighting of a sound level meter which conforms to the specifications of the American National Standards Institute. The background sound level is defined as the sound level present when the offending noise source is silenced. In no instance, however, shall it be necessary to reduce the noise level below 30 decibels.
In no event shall any sound of any nature or kind issuing from the licensed premises, the area surrounding the licensed premises, or any activity associated with the licensed premises be such that the sound thereof shall annoy any person or persons or disturb the comfort, rest or repose of any person being in his place of abode.
[Ord. #188, S I ]
It shall be unlawful for any owner, possessor or occupant of lands in the Borough to store, place, park, or accumulate upon such lands any motor vehicles, automobiles or machines in need of repair so as not to be readily operated under their own power, or requiring substantial repairs, or not currently licensed or not being currently used for transportation except as hereinafter provided.
[Ord. #188, S 2]
It shall be unlawful for any persons to park or leave standing or abandon any machines, motor vehicles, automobiles in need of repair so as not to be readily operated under their own power or which require substantial repair or which are not currently licensed, or not being currently used for transportation on the land of another, including public lands and streets.
[Ord. #188, S 3]
This section does not apply to an owner, possessor or occupant of lands in the Borough who stores, keeps, places, parks or accumulates three or less currently licensed motor vehicles, automobiles or machines not currently being used for transportation or being in need of repair or not more than three unlicensed motor vehicles, automobiles or machines providing the same are kept in an enclosed building.
[Ord. #188, S4]
Any person convicted of a violation of any of the provisions of this section shall be subject to a penalty as established in Chapter 1, Section 1-5 of this Code.
[Ord. #141]
The existence of any barbed wire fence erected between lands of adjoining owners, whether built or erected as division or partition fences between such lands, and whether the same exists or be erected entirely or only partly upon the lands of any such adjoining owner or along or immediately adjacent to any division or partition lines, and whether the same be erected, continued or maintained on any such lands abutting any public way, creates a hazard to the health, safety and welfare of this Borough's inhabitants; and it is deemed necessary for the preservation of good order.
[Ord. #141, S 1]
It shall be unlawful to erect or continue and maintain any fence which is constructed in whole or in part of barbed wire or wire on which barbs or points are strung or fastened between the lands of adjoining owners, whether built or erected as division or partition fences between such lands, and whether the same exists or be erected entirely or only partly upon the lands of any such adjoining owners or along or immediately adjacent to any division or partition lines of such lands. It shall be unlawful to erect or continue and maintain any such fence as herein described upon any such land abutting any public way.
[Ord. #90, S 1]
It shall be unlawful to go upon the lands comprised within the boundaries of the Borough with a gun, rifle, air-rifle or firearms for the purpose of hunting or shooting game of any kind.
[Ord. #90, S 4]
Any person who shall violate this section shall be liable upon conviction to a fine as established in Chapter 1, Section 1-5 of this Code.
[Ord. #79, S 2]
No person shall, within the limits of the Borough, bathe, swim or be found in a state of nudity in the waters of any pond, stream or lake located therein.
[Ord. #79, S 7]
No person shall, within the limits of the Borough, 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 of abode.
[Ord. #79, S8; Ord. #539, SS1-3; Ord. #O-05-11, SS 1—3; amended 9-17-2025 by Ord. No. O-25-17]
No person shall, within the limits of the Borough, make, continue, or cause to be made or continued any loud unnecessary or unusual noise or any noise which does or is likely to disturb, injure or endanger the comfort, repose, health, peace or safety of others.
a. 
No person shall engage in any construction, excavation, or demolition, or use any power equipment in connection with gardening, landscaping, lawn service, or the like within the Borough except between the hours of 8:00 a.m. and 8:00 p.m.
b. 
No person shall make or permit the making of any loud, excessive or disturbing noise in connection with the loading or unloading of any vehicle or trailer. Loading and unloading shall be confined to the hours between 7:00 a.m. and 10:00 p.m.
c. 
Definition of Noise. Without intending to limit the generality of above, the following acts are declared to be examples of loud, disturbing and unnecessary noise in violation of this subsection:
1. 
Radios; Televisions; Phonographs. The playing, use of operation of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device so that it is clearly audible at a distance of one hundred (100') feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
2. 
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 8:00 p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
3. 
Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus or other vehicle except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time.
d. 
Penalties. Any person who shall violate this subsection shall be liable, upon conviction, to a fine as established in Section 1-5 of the Borough Ordinances.
[Ord. #79, S 9]
No person shall, within the limits of the Borough, discard, deposit, or leave any waste paper, tin cans, bottles, garbage, waste or refuse of any kind whatsoever upon any parking place, street, park or other public place or upon any lot or other premises, except in receptacles or containers provided for such purpose.[1]
[1]
Editor's Note: See Section 3-8, Littering and Dumping, for the definition of litter and additional regulations.
[Ord. #79, S 11; Ord. #490]
No person shall, within the limits of the Borough, go about from door to door or place himself in any street or other public place to beg or gather alms, except upon obtaining a written permit from the Chief of Police.
[Ord. #79, S 12]
No person shall, within the limits of the Borough, engage or participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person on any street, park or other public place, or having a tendency to annoy or frighten horses or other animals on any street.
[Ord. #79, S 14]
No person shall on any street, park or other public place within the limits of the Borough 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.
[Ord. #79, S 17]
No person shall, within the limits of the Borough, deal, play or engage in faro, roulette or other illegal game of chance, either as banker, player, dealer or otherwise for the purpose of gaming or gambling for money or other valuable thing.
[Ord. #79, S 20]
No person shall, within the limits of the Borough, enter the building or go upon the lands of any public school, and break, injure or deface any part thereof or the fences belonging to or connected with such building or lands, and no person shall disturb the exercises of any public school or molest or give annoyance to the children attending such school, or annoy any teacher therein.
[1]
Editor's Note: Former subsection 3-7.12. Intoxication in Public and Private Places, previously codified herein and containing portions of Ordinance No. 79 was repealed in its entirety by Ordinance No. O.08-20.
[Ord. #79, S 22]
No person shall use or operate, or case to be used or operated, a loud speaker, sound wagon, public address system or other sound-producing device or apparatus in, on, about or near any public street, park, building or other public place within the limits of the Borough, without first making written application to and obtaining the permission of the Borough Clerk, the application to set forth the name and address of the applicant and of the person who is to operate the loud speaker, sound wagon, public address system or other sound-producing device or apparatus, the purpose for which the same is to be employed, and the approximate proposed range of audibility of the apparatus sought to be used. The Borough Clerk shall thereupon cause an investigation to be made, and if satisfied that the granting of the permit will not constitute a nuisance or be inimical to the peace, good order or quiet of the Borough, shall issue a written permit to the applicant. No person shall use or operate any such loud speaker, sound wagon, public address system or other sound-producing device or apparatus in such a manner that its range of audibility shall be greater than that named in the application for its use.
[Ord. #79, S 25]
No person shall, within the limits of the Borough, intentionally, willfully or maliciously destroy or injure any of the wires, posts, machines, bells, sirens, boxes, locks or other apparatus of any fire or police alarm system; nor shall any person intentionally, willfully or maliciously interfere with the same or any part thereof with intent to create a false alarm or obstruct the efficient operation of the same or any part thereof, or hinder or impede any of the operations intended to be accomplished thereby, nor shall any person intentionally, willfully or maliciously cause a false alarm of fire to be given in any manner.
[Ord. #79, S 26]
No person shall, during an alarm of fire hinder, prevent or deter by any device whatsoever, any fireman or other person from rendering lawful assistance in abating or quelling such fire, or hinder or interfere with any fireman from going to or returning from the place where any building or other property is on fire, or from which an alarm proceeds; nor shall any person hinder or obstruct the passage of any fire engine, hook or ladder truck, hose cart or any fire apparatus in going to or from the place from which an alarm or fire proceeds, or where any building or other property may be burning.
[Ord. #79, S 29]
No person shall engage in, or attempt or offer to engage in, or aid, abet or participate in any fight, assault, quarrel, brawl, battery, altercation, disturbance, riot or unruly, boisterous, noisy, unlawful or disorderly assemblage, nor shall any person in any way breach or disturb the peace.
[Ord. #79, S 30]
No person shall fire or discharge any pistol, revolver, rifle, gun, air-gun or fowling piece, or any kind of firearm or cannon, in, on or along or near any street, highway, sidewalk, foot-path, park or other public place, within the limits of the Borough, except when expressly permitted by law.
[Ord. #79, S 33-34]
a. 
No person shall write, paint, nail, clamp or otherwise fasten, inscribe or affix any notice, placard or advertisement against or upon any wall, fence, rock, stump, tree, shrub, building or structure without the consent of the owner or occupant of the same, except when done by a public officer in the performance of his duties.
b. 
No person shall paint, clamp or otherwise fasten, inscribe or affix any notice, placard or advertisement upon any public building, sidewalk, fence, wall, bulletin board, park or other public property or place, within the limits of the Borough, except with the permission of the Borough Council.
[Ord. #79, S 35]
No person shall open, injure, destroy or tamper with any fire hydrant in any public street or public place, within the limits of the Borough, except members of the Borough Fire Department actually engaged in the performance of their duties.
[Ord. #79, S 39]
Each person violating any of the provisions of this section shall, upon conviction before the Municipal Judge authorized to hear and determine the matter, be subject to a penalty as established in Chapter 1, Section 1-5 of this Code.
[Ord, #504, S 1]
The definition of "litter," as referred to in subsection 3-7.5 of the Revised General Ordinances of the Borough of West Long Branch, shall be:
LITTER
Shall mean garbage, refuse and rubbish, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. "Litter" shall further mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, included, but not limited to, any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction materials, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
[Ord. #504, S 2]
a. 
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings and bus stations, parks, drive-in restaurants, all street vendor locations, self-service refreshment areas, construction sites, gasoline service station islands, shopping centers, parking lots, and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
b. 
"Litter receptacle" means a container suitable for the disposing of litter.
[Ord. #504, S 3; amended 9-17-2025 by Ord. No. O-25-17]
a. 
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property in any place not specifically designated for the purpose of solid waste storage or disposal. Curbside is designated as the area for disposal of solid waste, consistent with other ordinances of this Borough, for residential properties and certain designated commercial sites.
b. 
The penalty for illegal dumping shall be a minimum of $1,000 and a maximum of $2,000.
[Ord. #504, S 4]
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in any areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
[Ord. #504, S 5]
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential except in a fully enclosed structure or on days designated for the collection of tires.
[Ord. #504, S 6]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom.
Any person operating a vehicle from which any glass or objects have fallen or escaped which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property shall immediately cause the public property to be cleaned of all glass or objects and shall pay the cost therefor.
[Ord. #504, S 7]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Ord. #504, S 9]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. All sweepings shall be collected and properly containerized for disposal.
[Ord. #504, S 10]
It shall be unlawful for any person to sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person or entity who owns, leases, occupies or manages property within the borough shall keep the sidewalk in front of his/its premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[Ord. #504, S 11; amended 9-17-2025 by Ord. No. O-25-17]
a. 
Any person, firm or corporation who violates or neglects to comply with any provision of this section or any rule or regulation promulgated pursuant thereto shall be punishable upon conviction thereof by a fine of $300. As an alternate penalty, a convicted person may be ordered to perform community service in the Clean Communities Program for a period not to exceed 90 days.
b. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such. Enforcement shall be by summons heard in the Municipal Court.
[Ord. #563, S 1]
No person under the age of 18 years shall be upon any of the public streets, highways, alleys, parks or other public places of the Borough of West Long Branch, either on foot or in or upon any type of conveyance, unless such person is accompanied by his or her parent, guardian or legal custodian, between the hours of 8:30 p.m. and 6:00 a.m. on October 29, 30 and 31. If October 31 falls on a Thursday, Friday or Saturday, this ordinance shall also be effective on November 1.
[Ord. #563, S 2]
The provisions of this section shall not be applicable to any person under the age of 18 years during the time necessarily required for such person to travel from:
a. 
A place of employment at which such person may be gainfully employed; or
b. 
A school or place of instruction at which such person may be in bona fide attendance; or
c. 
A place at which a function may be held that shall be, or had been sponsored by, a religious, school, civic or other properly supervised event or program; or
d. 
A place at which a bona fide, supervised, social meeting, gathering or assemblage had taken place, to the person's residence.
[Ord. #563, S 3; amended 9-17-2025 by Ord. No. O-25-17]
Each violation of this section shall be subject to a fine not exceeding $100. As an alternate penalty, a person may be ordered to perform community service for a period not to exceed 12 hours.
[Ord. #564, S 1]
In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A. 2C:36-7), the Drug-Free School Zone Map produced by William P. Farrell, Jr., Borough Engineer, and revised on January 28, 1988, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of the areas on or within one thousand (1,000') feet of such school property.
[Ord. #564, S 2]
The Drug-Free School Zone Map approved and adopted pursuant to Subsection 3-10.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000') feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. #564, S 3]
The School Board, or the Chief Administrative Officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
[Ord. #564, S 4]
The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-10.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this ordinance shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.
[Ord. #564, S 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-10.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prime facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within one thousand (1,000') feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by school or School Board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (N.J.S.A. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-10.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or School Board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a Drug-Free School Zone map have been complied with.
[Ord. #583]
WATERFOWL
Shall mean and include all those species of birds commonly known as "swans," "geese," "brant," "river and sea ducks," and any other waterfowl.
[Ord. #583]
No person or persons shall feed, cause to be fed, or provide food for waterfowl on public property within the Borough.
[Ord. #583]
This section shall not be construed to prohibit humane acts toward waterfowl in individual cases.
[Ord. #583]
No person or persons shall create or foster any condition, or allow any condition to exist or continue, which results in a congregation or congestion of waterfowl, or in an accumulation of waterfowl feces or droppings or in damage to flora or fauna on public property, or in a public health nuisance or in a threat to the health, safety and welfare of the public or the waterfowl.
[Ord. #583]
The West Long Branch Police Department, Code Enforcement Officer, and the Regional Health Commission No. 1 are hereby authorized and directed to enforce the provisions of this section.
[Ord. #583; amended 9-17-2025 by Ord. No. O-25-17]
Any person or persons convicted of a violation of this section shall be fined $50.
[Ord. #0-95-3, S 1]
PERSON
Shall mean and include individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts or corporation; or any officers, agents or personal representatives thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law.
PRECIOUS METALS
Shall mean and include gold, silver, platinum and alloys thereof and coins containing precious metals.
[Ord. #0-95-3, S 2; Ord. #O-10-9, S 1]
All persons regulated by this section shall require of anyone offering to sell them merchandise regulated by this section to produce two forms of identification, of which one form shall be a photo identification, such as a passport, driver's license, or other similar form of identification (which shall be photocopied by the persons regulated by this section). Said persons shall also sign and give to the seller a receipt for said merchandise and shall obtain from the seller the following information: (a) name, (b) address, (c) sex, (d) date of birth, (e) Social Security number or passport, (f) physical description and (g) telephone number. A form for physical description shall be available from the Police Department of the Borough of West Long Branch.
[Ord. #0-95-3, S 2; Ord. # 0-12-12]
All persons regulated by this section shall maintain a record of each purchase, which shall contain a description of the merchandise purchased, any identifying markings or numbers on the merchandise, an instant or digital picture of the item, a copy of the signed receipt given to the seller and a record of all information required under Subsection 3-12.2. All instant or digital pictures of items shall be retained by the purchaser for a period of six months from the date of purchase.
[Ord. #0-95-3, S 4; Ord. #O-10-9, S 3]
All persons regulated by this section shall, no later than the 15th and last day of each month, deliver to the Police Department of the Borough of West Long Branch a list of all items of merchandise covered by this section purchased by them. Said list shall contain a description of each item, any identifying numbers, the time of purchase and the name and address of the seller.
[Ord. #0-95-3, S 5; Ord. #O-10-9, S 4]
No person regulated by this section shall sell, melt down or otherwise dispose of any merchandise covered by this section purchased by him until after the expiration of 30 days from the close of business on the date of purchase.
[Ord. #0-95-3, S 6]
No person regulated by this section shall purchase any merchandise covered by this section from anyone under the age of 18 years.
[Ord. #0-97-6, S 1]
PERSON
Shall mean an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
TOBACCO
Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use, including cigars, chewing tobacco, pipe tobacco, snuff, smokeless tobacco and cigarettes in any form.
TOBACCO RETAILER
Shall mean any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchase for consumption or use, and shall mean a person or entity who owns or operates a vending machine and/or a vending machine location.
TOBACCO VENDING MACHINE
Shall mean any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
[Ord. #0-97-6, S 2; amended 8-6-2025 by Ord. No. O-25-14]
It shall be unlawful for any person, including a tobacco retailer, to sell, give or furnish to a minor under the age of 21 years, tobacco in any form, including, but not limited to, over-the-counter sales or sales from a vending machine.
[Ord. #0-97-6, S 3; amended 8-6-2025 by Ord. No. O-25-14]
It shall be unlawful for any person, including a tobacco retailer, to allow, suffer or permit the sale or distribution of tobacco in any form, including smokeless tobacco, by any person under the age of 21 years.
[Ord. #0-97-6, S 5; amended 8-6-2025 by Ord. No. O-25-14]
It shall be unlawful for any person or tobacco retailer to offer for sale or to sell any tobacco product through a tobacco vending machine except in the following instances:
a. 
In a premises such as a factory, business, office or industrial plant or other place where the public is generally not given access and where such machines are intended for the sole use of employees over 21 years of age.
b. 
In or on a premises where the public is generally invited, provided the operation of the tobacco vending machine is possible only by the activation of an electronic switch or other device which is controlled by a person over the age of 21 years, and such machine is in the immediate vicinity of, or in plain view of and under the control of such person.
[Ord. #0-97-6, S 6]
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine, in a location where Subsection 3-13.5 of this section provides for a vending machine to be so equipped.
[Ord. #0-97-6, S 7]
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to the fines and penalties provided in Section 1-5.
[Ord. #0-97-17, S 1]
SHOPPING CARTS
Shall mean pushcarts of the type or types which are commonly provided by grocery stores or other retail mercantile establishments for the use of the public in transporting merchandise in stores and markets and incidentally from the stores to places outside the stores.
[Ord. #0-97-17, S 2]
All shopping carts located within, or belonging to, a commercial establishment shall be kept at all times on the subject premises. It shall be the responsibility of the owner or tenant of the subject premises to insure that all shopping carts remain as close to the building as possible at all times. At no time will shopping carts be allowed to be or remain off the establishment's premises.
[Ord. #0-97-17, S 3]
Any person, corporation or other entity who shall violate any provision of this section shall, upon conviction thereof, be subject to punishment in accordance with Section 1-5.
[Ord. #0-98-7, S 1]
No person shall, within the limits of the Borough, urinate or defecate upon any public street or way or upon any public or private property, except in toilet facilities.
[Ord. #0-98-7, S 2]
Any person found guilty of violating the provisions of this section shall be subject to the penalties established in Section 1-5.
[Ord. #O-03-14, S 1]
Consent to park or leave unattended any waste or refuse container, commonly known as roll-off dumpsters or roll-off containers on or along any highway or public property, pursuant to N.J.S.A. 27:51-1 and any amendments thereto, shall only be valid and remain in effect for up to 30 days, or for a shorter period of time, as set forth on the permit issued by the appropriate official.
[Ord. #O-03-14, S 2]
The appropriate official to give consent for parking or leaving unattended any waste or refuse containers shall be, in the case of a municipal highway or public property, the Traffic Safety Officer, or the Chief of Police in the absence of the Traffic Safety Officer, of the West Long Branch Police Department. The appropriate official for County or State highways shall be the person so designated by each governmental entity.
[Ord. #O-03-14, S 3]
An application form for obtaining approval to park or leave unattended any waste or refuse containers shall be developed by the West Long Branch Police Department and its Traffic Safety Officer. That form shall be the designated form for use by any person seeking to park or leave unattended any waste or refuse container on a municipal highway or public property.
[Ord. #O-03-14, S 4]
The application form referenced above shall provide that the applicant acknowledges his or her understanding of the legal requirements concerning the marking of the dumpster, as set forth in N.J.S.A. 27:51-1 and any amendments thereto.
[Ord. #O-03-14, S 5]
The West Long Branch Police Department shall develop a form of permit to be issued consistent with this section. The Traffic Safety Officer, or the Chief of Police in the absence of the Traffic Safety Officer, shall state on each permit the calendar date the permit expires.
[Ord. #O-03-14, S 6]
Renewal of any permits hereunder shall require the permittee to file a new permit application and obtain a new permit, the granting of which shall be at the discretion of the Traffic Safety Officer, or the Chief of Police in the absence of the Traffic Safety Officer.
[Ord. #O-03-14, S 7]
The parking or leaving unattended of any waste or refuse container, in violation of N.J.S.A. 27:51-1 and its amendments, shall be deemed a violation by both the homeowner for whose purposes the container has been placed, as well as the person and/or entity placing the container on the highway or public property.
[Ord. #O-04-5, S 1]
All vehicles parked on the premises of detached single-family dwellings shall only be parked in either (A) a garage; (B) on the driveway; or (C) on a prepared parking area which is an extension of and contiguous to the driveway surface. "Prepared parking area" is defined to include concrete, asphalt, stone, or concrete pavers.
[Ord. #O-04-5, S 2]
Excepted from the conditions above are the following:
a. 
Emergency vehicles, while responding to calls.
b. 
Service vehicles temporarily on the premises for the sole purpose of rendering a service to the premises or the occupants of the premises.
c. 
Within 24 hours following the street on which the property fronts being snow plowed.
[Ord. #O-04-5, S 3]
a. 
This section may be enforced by the Zoning Officer or any member of the West Long Branch Police Department.
b. 
Violations of this section shall be subject to the penalties set forth in Section 1-5.
[Ord. #O-07-10, S 2]
a. 
MOTOR VEHICLE (under this section) - Shall mean any self-propelled vehicle licensed for on-road usage, other than a motorcycle, moped, motor scooter or motorized bicycle, regardless of whether the motor vehicle is publicly or privately owned, leased or rented; and regardless of whether the motor vehicle is operated for public, private or commercial purposes; and regardless of whether the windows or doors of the vehicle are in an opened or closed position.
b. 
SMOKE (under this section) - Shall mean the burning, inhaling, exhaling or being in possession of a lighted cigarette, cigar, pipe, or any other matter or substance which contains tobacco or any other matter that can be smoked.
[Ord. #O-07-10, S 3]
This section may be enforced by the State of New Jersey or any local law enforcement officer, but only as a secondary action when the operator of a motor vehicle has been stopped or detained for a different violation of Title 39 of the Revised Statutes of the State of New Jersey, or the operator has been stopped or detained for another offense.
[Ord. #O-07-10, S 4]
Any person found to have violated this section shall be fined $75, plus court costs.
[Ord. #O-14-2]
PORTABLE CONTAINERIZED PROPERTY STORAGE FACILITY (PCPSF)
Shall mean a temporary portable containerized property storage facility or unit intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to household unit, or while construction may be going on with the property's principal structure. This definition shall also include PODs.
STORAGE
Shall mean the act of storing goods or the state of being stored; a space for storing goods.
[Ord. #O-14-2]
Storage of certain items prohibited on residential property. In areas zoned residential, it shall be unlawful to allow outside storage of any of the following:
a. 
Any bulk household items such as appliances or non-outdoor furniture, except in a fully enclosed structure as permitted by the Zoning Ordinance.
b. 
Construction material and equipment, including, but not limited to, ladders, scaffolding, cement, concrete, building blocks, sheetrock, plywood, studs or beams, sand and aggregate piles, fuel storage devices, pipes, cement mixers, excavating equipment, etc. for more than 60 days unless there is a valid building permit issued.
c. 
Landscaping equipment and supplies, including, but not limited to, mowers, chippers, shredders, pavers, mulch in bags or piles for more than 60 days.
d. 
Fuels, flammable liquids, tires and other motor vehicle equipment and parts.
[Added 8-3-2022 by Ord. No. O-22-12]
A permit shall be required in order to have a dumpster, roll-off, or pod on any property within the Borough.
[Ord. #O-14-2; amended 8-3-2022 by Ord. No. O-22-12]
PCPSFs in all R-residential zones or on property used for residential purposes shall be subject to the following:
a. 
Zoning Permit. A zoning permit is required for the placement of any PCPSF.
b. 
Location.
1. 
Front Yard: No PCPSF shall be located within a front yard unless located on an existing driveway. Also, any PCPSF shall be at least fifteen (15') feet back from the street line.
2. 
Side and Rear Yards: Any PCPSF must be located at least three (3') feet from any side yard line and at least five (5') feet from any rear property line.
3. 
Proximity to Neighbors. No PCPSF shall be located within fifteen (15') feet from any structure on any neighboring property.
c. 
Time Limit.
1. 
No PCPSF shall be located on any residential premises for a total of more than three months (90 days).
2. 
Extension. Three consecutive 3-month extensions of the PCPSF zoning permit may be applied for. The granting of any requested extension shall be based upon a review conducted by the appropriate Borough officials. Unless otherwise determined, no additional extensions shall be permitted, and the approved extension shall not exceed a total of nine months. No PCPSF shall be located on a residential use for a total of more than one year (12 months).
3. 
If more than one PCPSF is utilized:
(a) 
The allowable time period shall commence at the time the first PCPSF is physically situated on the property.
(b) 
A maximum of two PCPSFs are permitted on any property.
d. 
Other Requirements. The following requirements shall be met by the owner or occupier of the residential premises with respect to a PCPSF:
1. 
The PCPSF situated on residential property shall only be used for the storage of construction material to be used on the premises under a valid permit, personal property, furniture and household items normally located on or in a residential dwelling or premises.
2. 
PCPSFs shall not be used for storage of any type of business equipment, fuels or flammable liquids, however "business equipment" to be used in construction on the premises under a valid permit shall be permitted.
3. 
All PCPSFs shall:
(a) 
Not exceed seven (7') feet in height, sixteen (16') feet in length and eight (8') feet in width.
(b) 
All access doors shall be secured with locks.
e. 
Dumpster Time Limits.
[Added 8-3-2022 by Ord. No. O-22-12]
1. 
The maximum time for one dumpster to be on a property shall be two weeks. No time extensions are permitted.
2. 
The only exception to the time for dumpsters to be at a property shall be for construction materials (i.e., demolition, building, or renovation).
[Ord. #O-14-2; amended 8-3-2022 by Ord. No. O-22-12]
The fee for obtaining a permit for a pod or a dumpster shall be $35 per pod or dumpster. If there is an extension of the permit for a pod, in accordance with Borough ordinances, any extension will require an additional fee of $35.
[Added 8-3-2022 by Ord. No. O-22-10]
No construction may be undertaken within the Borough on Sundays by third parties. "Third parties" are defined as persons and entities other than the property owner.
[Added 8-3-2022 by Ord. No. O-22-10]
This section may be enforced by any member of the West Long Branch Police Department or any of the Borough's Code Enforcement personnel.
[Added 8-3-2022 by Ord. No. O-22-10]
Violations of this section shall be subject to the penalties set forth in Chapter 1, Section 1-5.
[Added 6-19-2024 by Ord. No. O-24-22]
LOW-SPEED ELECTRIC BICYCLES
A two- or three-wheeled vehicle with fully operable pedals and/or an electric motor that meets the requirements of one of the following classifications: "class 1 low-speed electric bicycle" which means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour: or "class 2 low-speed electric bicycle" which means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. See N.J.S.A. 39:1-1.
LOW-SPEED ELECTRIC SCOOTERS
A scooter with a floorboard that can be stood upon by the operator, with handlebars and an electric motor capable of propelling the device with or without human propulsion at a maximum speed of fewer than 19 miles per hour.
[Added 6-19-2024 by Ord. No. O-24-22]
a. 
No person shall operate or use a low-speed electric bicycle or low-speed electric scooter, or other similar devices in a reckless or careless manner that endangers or is likely to endanger the safety or welfare of other persons or property.
b. 
No person shall operate or use a low-speed electric bicycle or low-speed electric scooter, or other similar devices at a speed faster than is reasonable or proper, taking into account the presence of traffic and/or pedestrians in the area.
c. 
Every person operating or using a low-speed electric bicycle or low-speed electric scooter, or other similar devices shall obey all traffic signals, signs, and devices in the same manner and to the same extent as would be required if said person was operating a motor vehicle.
d. 
No person operating or using a low-speed bicycle or low-speed electric scooter, or other similar devices shall attach the same or himself to any vehicle upon a roadway and no operator of any vehicle shall knowingly allow any person operating a low-speed electric bicycle or other similar device to attach the same or himself to the vehicle.
e. 
No person shall ride or sit as a passenger on a low-speed electric bicycle or low-speed electric scooter unless there is proper seating for both rider and passenger and such person is wearing a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard) or the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling.
f. 
No person shall use or operate a low-speed electric bicycle or low-speed electric scooter or other similar device on borough owned property or school property, unless it is being operated on a paved, concrete or asphalt surface. Operation of such devices are specifically prohibited on the walking path around Franklin Lake.
g. 
No person shall drive or propel, or cause to be driven or propelled, along any road or other area within a park or recreation area in the borough any 4-wheeled conveyance, whether motor powered or electric.
[Added 6-19-2024 by Ord. No. O-24-22]
Any persons violating the provisions of this section shall be subject to the following penalties:
a. 
First Offense. Any adult shall be subject to a fine not to exceed $250. Any minor who violates this chapter on a first offense shall be reprimanded, in writing, by West Long Branch Police Department addressed to the parents or guardians of said offender stating the nature of the violation and a warning that a repetition of the violation or any other violation must be prevented or the device will be impounded for a period of time not less than seven days nor more than 60 days, and during that period of time, the offender cannot ride his or her device or anyone else's device on any public streets or sidewalks.
b. 
Second Offense. Upon a second or subsequent offense the parent or guardian of a minor offender shall be subject to a fine not to exceed $250 and/or the Police Department shall confiscate the low-speed bicycles or other similar devices pending a hearing in which case the offender's device may be impounded for a period of time not less than seven days nor more than 60 days for a second offense or confiscated and destroyed for a third or subsequent offense.
c. 
Parental Guidance. If for any reason the law enforcement officer cannot determine the name and address of the parent of any minor who violates the provisions of this chapter, then the low-speed electric bicycle shall be automatically confiscated, and the offender will be summoned to appear at the West Long Branch Police Department with his or her parent or guardian, whereby a summons shall be issued for the appropriate offense. If not a second or greater offense, the low-speed electric bicycle or other similar device shall be returned to the parent or guardian. Should the parent or guardian not appear within 30 days of the confiscation of the low-speed electric bicycle or other similar device, then such device shall be forfeited and destroyed by the Borough of West Long Branch.