[HISTORY: Adopted by the Borough Council of the Borough of Bay Head 5-6-2019 by Ord. No. 2019-07.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 122.
[1]
Editor's Note: This ordinance also repealed former Ch. 118, Firearms and Fireworks, adopted 12-18-1984 as § 3-9 of the 1984 Code, as amended.
A. 
It shall be unlawful for any person to carry or have in his or her possession a loaded firearm within the Borough of Bay Head. The term "firearm" is as defined by N.J.S.A. 2C:39-1.
B. 
Other than for self-defense or for the purpose of preserving the life of another, it shall be unlawful for any person to discharge a firearm within the Borough of Bay Head.
The prohibitions do not apply to the following:
A. 
Persons authorized to carry firearms by N.J.S.A. 2C:39-6 in performance of their duty.
B. 
The owner or lessee of property, at his or her property or any other land owned or possessed by him or her, or to or from any place of purchase or repair of firearms and their residence, premises, place of business, provided they comply with the provisions of Title 2A.
For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Pursuant to N.J.S.A. 21:3-2, it is unlawful for any person to sell, possess or use dangerous fireworks within the Borough of Bay Head. Such fireworks include but are not limited to firecrackers; torpedoes; skyrockets, Roman candles, bombs, or other fireworks of like construction, or any fireworks containing any explosive or inflammable compound or any tablets or other device commonly used and sold as fireworks.
Notwithstanding § 118-4, it shall be lawful for a person to offer for sale, sell, possess, or use:
A. 
A toy pistol, toy cane, toy gun, or other device in which paper or plastic caps containing 0.25 grain or less of explosive compound per cap are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper or plastic caps which contain less than 0.20 grains of explosive mixture per cap;
B. 
Sparkling devices and novelties as defined in N.J.S.A. 21:2-2, if the person is 16 years of age or older.
A. 
Any person who sells, offers or exposes for sale, or possesses with intent to sell any fireworks as herein mentioned is guilty of a crime of the fourth degree.
B. 
Any person who purchases, uses, discharges, causes to be discharged, ignites, fires, or otherwise sets in action, or possesses any fireworks is guilty of a petty disorderly persons offense.