Borough of Beach Haven, NJ Peace and Good Order

It shall be unlawful for any person or persons to sleep upon any of the streets, highways, pavilions or other public places or in any motor vehicle or other type of vehicle upon any such places.

It shall be unlawful for any person to sleep upon any beach between the hours of 12:00 midnight and 8:00 a.m., local time prevailing.

Editor's Note: Former Subsection C, prohibiting rioting or engaging in fighting or threatening or violent or tumultuous behavior, was repealed 3-10-2014 by Ord. No. 2014-1C. This ordinance also redesignated former Subsections D through I as Subsections C through H, respectively.

It shall be unlawful for any person or persons to urinate and/or defecate on any of the streets, beaches, pavilions or any other public place, or on outdoor private property in this Borough.

[Added 3-25-1991 by Ord. No. 91-12; amended 10-15-2002 by Ord. No. 2002-13]

It shall be unlawful for any person or persons to burn rubbish, trash or any other disposal material within the Borough of Beach Haven.

Restrictions on food service establishments.

[Amended 6-27-1983 by Ord. No. 83-12]

It shall be unlawful for any person, firm or corporation engaged in the preparation and/or sale of food within the Borough of Beach Haven to sell or offer for sale said food to its patrons, other than from within the structure wherein said food is prepared and/or offered for sale, between the hours of 12:00 midnight and 6:00 a.m.

It shall be unlawful to serve food to the public through a service window to the outside of the building between the hours of 12:00 midnight and 6:00 a.m.

It shall be unlawful for any person, firm or corporation to suffer or permit seating on its premises outside of a building for the purpose of consuming food prepared on the premises, between the hours of 12:00 midnight and 6:00 a.m.

Prohibitions of sale of newspapers and other items from stationary positions. No person shall have any exclusive right to any location on public streets or sidewalks. No person shall be permitted a stationary location for the purpose of selling newspapers and other goods which will interfere with the pedestrian traffic or to operate in any congested area where his/her operations might impede or inconvenience the public.

[Added 8-12-1985 by Ord. No. 85-13]

Restriction on loading and unloading commercial vehicles. It shall be unlawful to load or unload vehicles for the purpose of servicing commercial establishments between the hours of 9:00 p.m. and 7:00 a.m. from any street, alleyway, easement or private property when that portion of the street, alleyway, easement or private property is adjacent to residentially zoned property.

[Added 10-27-1986 by Ord. No. 86-16]

No person or persons shall engage in any public nuisance or interference such as, but not limited to, the obstruction or interference with any person or persons lawfully being upon any such street, road, avenue, boardwalk, beach, park or other such public, quasi-public, private space open to the public, or private space, nor shall any person or persons assail, molest, disturb, encroach upon, or meddle with any other person or persons in such a manner as to create nuisance or interference without a legitimate and lawful purpose.

[Added 5-13-2019 by Ord. No. 2019-13C]

No person or persons shall engage in any conduct deemed improper or contrary to the health, safety, or welfare of the public without a legitimate and lawful purpose.

[Added 5-13-2019 by Ord. No. 2019-13C]

No person(s), firm, corporation, or other entity shall fail to adhere to and/or comply with Zoning regulations (pursuant to Chapter 212), Fire Safety Inspections (pursuant to Chapter 95), and/or any conditions established in a site plan approval resolution granted by the Joint Land Use Board.

[Added 8-9-2021 by Ord. No. 2021-25C]

No person(s), firm, corporation, or other entity shall lock personal items to public areas, such as public bike racks and fencing. No bicycles shall be locked to public areas, such as public bike racks and fencing, for more than 24 hours.

[Added 12-13-2021 by Ord. No. 2021-38C]

§ 141-3 Group rentals by minors.

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:

Every group of minors, when occupying a room, rooms, 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 said minors.

Before any room, rooms, 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 subsection shall report to the Police Department of this municipality and register for the group of minors in his or her custody, and register with said Police Department the name and address of the parent, guardian or adult person having charge of such group of minors.

§ 141-4 Regulations governing the outside display of merchandise and outside consumption of food in the Business and Marine Commercial Districts. [1]

No landlord, real estate broker or owner of any room, rooms, apartment, cottage or house shall permit same to be occupied by any group of minors until the provisions of Subsection A(1) and (2) above have been complied with.

(4)

No landlord, real estate broker or owner of any room, rooms, 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 said group of minors and being responsible for their proper conduct.

(5)

No such lease shall be sublet or assigned for use by another group of minors unless and until the same provisions are made and carried out to the subletting or assignment as provided above for the original lease.

(6)

No parent, guardian or adult person who shall have a criminal record shall have charge of a group of minors for the purposes stated herein.

The term "group of minors," as used in this chapter, shall be construed to mean a unit of more than two individual persons, each under the age of 18 years.

[Amended 5-26-1981 by Ord. No. 81-6]

[Added 4-27-1987 by Ord. No. 87-4; amended 6-9-1997 by Ord. No. 97-7; 7-14-1997 by Ord. No. 97-7A; 4-27-1998 by Ord. No. 98-7; 8-10-2009 by Ord. No. 2009-22; 9-13-2010 by Ord. No. 2010-20; 7-11-2011 by Ord. No. 2011-14C; 4-17-2012 by Ord. No. 2012-5C]

Special occasion sidewalk sales by resolution.

The governing body of the Borough of Beach Haven may, for special occasions and for special reasons, authorize, by resolution duly adopted, all businesses in the Business District and the Marine Commercial District of the Borough of Beach Haven to conduct sales of merchandise offered by the business, holding a duly issued mercantile license, on the sidewalk area located contiguous to the commercial business enterprise operated on the property. No such resolution shall apply to less than all businesses uniformly, and no businesses in the Borough of Beach Haven shall be treated in a discriminatory manner when seeking to utilize the special occasion sidewalk sales authorized by resolution. The resolution shall authorize the use of the sidewalk area contiguous to the business enterprises in the Borough for special days or special events only, setting forth the time and date of the authorized sales. Any sidewalk sales authorized by resolution shall comply with unobstructed sidewalk area requirements as hereinbelow set forth in Subsection C below in this section.

The resolution authorizing the sidewalk sale may contain such additional restrictions and limitations as the governing body may deem appropriate in order to protect the public health, safety, morals and welfare of the taxpayer citizens, residents and visitors of and to the Borough of Beach Haven. In addition, the governing body may, in such resolution, relax any of the rules and regulations contained in Subsection D(1) through (17), inclusive, below.

Permits for outside display of merchandise for sale or for rent issued by the Beach Haven Code Enforcement Officer. The Code Enforcement Officer of the Borough of Beach Haven is hereby authorized to issue permits for the outside display of merchandise for sale or merchandise for rent in the Borough of Beach Haven as authorized pursuant to § 212-14 of the Beach Haven Code under the following terms and conditions:

Any business in the Borough of Beach Haven in the Business District or the Marine Commercial District wishing to utilize any portion of the public right-of-way or any private property abutting such business for the outside display of merchandise for sale or for rent shall first obtain a permit from the Code Enforcement Officer of the Borough of Beach Haven.

The permit shall be issued pursuant to an application made by the owner of a licensed business, holding a current mercantile license, for the operation of the business on the location where the permit is sought. The application shall be made on a form provided by the Code Enforcement Officer. The application shall be accompanied by a current survey, containing a raised seal, made by a licensed surveyor of the State of New Jersey, showing the area between the vertical face of the curbline of the street and the front of the building where the licensed business is conducted, showing the area between the side lines as that area is defined in Chapter 212, Zoning, of the Borough of Beach Haven. The survey shall show in detail the location of the existing curb, sidewalk and any open space between the vertical face of the curb and the front of the building. The survey shall show the area proposed by the licensee to be utilized for outdoor display as authorized by § 212-14E(2) of the Beach Haven Code.

The application shall be accompanied by a fee of $100 and a certificate of insurance showing that the Borough of Beach Haven is an additional insured on the mercantile owner’s policy, which shall have limits of not less than $1,000,000.

(4)

Prior to the issuance of any such permit, the Code Enforcement Officer shall inspect the curb and sidewalk shown on the survey; and if the same is in disrepair or is not equal to the specifications required by the codes of the Borough of Beach Haven, the curb and sidewalk area shall be repaired and brought up to meet the specifications and requirements of the Borough of Beach Haven before any permit shall be issued.

(5)

Any permit issued by the Code Enforcement Officer shall be effective for the calendar year in which it is issued.

(6)

The terms and conditions under which any permit is issued may be enforced by the Code Enforcement Officer or by any member of the Beach Haven Police Department by filing a complaint in the Municipal Court of the Borough of Beach Haven pursuant to § 1-16 of the Beach Haven Code. Prior to the Code Enforcement Officer filing such a complaint, however, the Code Enforcement Officer shall give the licensee written notice of the violation, and the licensee shall have five calendar days to correct the violation; and for a failure to do so, the Code Enforcement Officer shall file the appropriate complaint with the Municipal Court of the Borough of Beach Haven.

(7)

Upon conviction by the Judge of the Beach Haven Municipal Court, the licensee shall, in addition to any fine or other penalty imposed by the Court, have the permit issued pursuant to § 141-4B of the Code of Beach Haven revoked, and such licensee shall be barred for a period of one calendar year following the calendar year in which the conviction and revocation occurs from making application for another outside display of merchandise permit.

Required unobstructed sidewalk area.

In the Borough of Beach Haven Business District located on both sides of Bay Avenue in a southwestwardly direction from the southwesterly line of Leeward Avenue to the southwesterly boundary line of the Borough of Beach Haven, the user of any public right-of-way area shall maintain an open and unobstructed sidewalk as specified by the Borough Engineer, four feet in width and running from the northeasterly boundary line of the property in which the business enterprise is conducted to the southwesterly boundary line of the property. The sidewalk shall be designed and constructed pursuant to specifications issued by the Borough Engineer, and a concrete curb whose location and specifications are specified by the Borough Engineer shall be in place prior to the issuance of any permit issued pursuant to Subsection B above.

In that portion of the Business District other than as set forth in Subsection C(1) above, the use of any of the public right-of-way for outdoor display shall leave an open and unobstructed sidewalk area extending at right angles and perpendicular to the curb face a distance of eight feet toward the building in which the business enterprise is conducted.

In the Marine Commercial District and that portion of the Business District not fronting on Bay Avenue, an unobstructed sidewalk area shall be provided as hereinabove set forth in Subsection C(1).

Rules and regulations governing the outside display of merchandise for sale or rental. The following rules and regulations apply in addition to any rules and regulations hereinabove set forth in § 141-4 and hereinafter set forth in § 212-14E(2) of the Code of the Borough of Beach Haven:

No outdoor display shall display clothing, nor foodstuffs.

Plants, cut flowers, greens and other such vegetative matter may be used as decorative material in a licensed business outside display even though such items are not sold in the licensed store.

Merchandise displayed in the public right-of-way area may not extend more than 36 inches into the right-of-way area from the property line of the licensed premises; provided, however, that the open space required by § 141-4C above shall not be reduced in width nor encroached upon.

(4)

No outdoor display shall obstruct the storefront entrance granting ingress and egress to the licensed commercial establishment.

(5)

No outdoor display of merchandise shall contain front lighting, backlighting nor lighting within the display.

(6)

No power lines or extension cords are permitted in any outdoor display of merchandise or rental goods.

(7)

No outdoor display of merchandise shall contain any moving attractive devices or exhibits.

(8)

No outdoor display will be permitted to have more than one example of each of the different types of merchandise displayed for sale.

(9)

The goods and merchandise in the outdoor display shall not be marketed with sales transactions occurring outdoors; such transactions shall take place only within the confines of the licensed building.

(10)

No signs shall be permitted within or abutting the area where outdoor display of merchandise is permitted.

(11)

Packing cartons, cardboard boxes, bins and the like are not permitted in the outdoor display area.

(12)

All merchandise and goods displayed on the exterior of any licensed retail establishment shall be entirely removed from outside display no later than 11:00 p.m. every evening, local time prevailing, and shall not be redisplayed nor redeployed prior to 8:00 a.m., local time prevailing.

(13)

All merchandise and goods displayed on the exterior of any licensed retail establishment shall be properly anchored, secured or stored in such a manner as to avoid shifting or movement of the same.

(14)

Vending machines. No vending machines for the sale of any products, save newspapers, shall be permitted in the public right-of-way, nor shall they be permitted between the face of any commercial building and the paved portion of the street. Any outdoor vending machines, other than for the sale of newspapers, shall be placed on the property owned by the business placing the same in either a side or rear yard and not between the face of any building and the public street.

(15)

Any business wishing to display decorative or advertising flags on or over the public right-of-way or on private property must mount the flags from the building so that, when hanging in their lowest position, there is a clear, unobstructed space of not less than seven feet between the sidewalk and the lowest portion of the flag. There shall be no limitation as to the number of American flags which any business may wish to display, provided that they are displayed in accordance with this section so as not to interfere with pedestrian movement or traffic. Feather-type flags are prohibited.

[Amended 11-13-2023 by Ord. No. 2023-30C]

(16)

Chairs and tables used for the outside consumption of food shall be subject to approval by and conditions imposed pursuant to the outdoor dining permit process established by Chapter 137 of the Borough Code.

[Amended 11-13-2023 by Ord. No. 2023-30C]

(17)

No outdoor display shall be permitted from tables.

Editor's Note: Ordinance No. 2000-6, adopted 4-10-2000, repealed former § 141-4, Garbage receptacles for commercial establishments, and renumbered former §§ 141-5 through 141-7 as §§ 141-4 through 141-6, respectively.

§ 141-5 Playing games on public streets.

[Added 7-27-1987 by Ord. No. 87-13]

The playing of baseball, football and hockey, the use of skateboards and/or roller skates or the playing of any type of game on Bay Avenue within the territorial limits of Beach Haven is hereby prohibited.

§ 141-6 Obstructions in municipally owned riparian grants prohibited.

[Added 9-12-1988 by Ord. No. 88-15]

It shall be unlawful for any person, firm or corporation to place or cause to be placed any permanent or semipermanent obstruction of any sort, kind or description within any riparian grant owned by the Borough of Beach Haven. Any vessel located within any Borough-owned riparian grant shall not be secured to the bulkhead in any manner whatsoever.

[Amended 6-10-2024 by Ord. No. 2024-17C]

It shall be unlawful for any person, firm or corporation to moor or cause to be moored a boat or vessel of any kind, sort or description within a riparian grant owned by the Borough of Beach Haven for longer than two hours.

There shall be a rebuttable presumption that any boat or vessel moored in contravention of Subsection A or B was created by the owner of the vessel or boat.

Any boat or vessel moored longer than two hours in a Borough riparian grant may be towed by the Beach Haven Police or the State Police and it shall be the responsibility of the owner of the vessel or boat to pay the towing charges and storage charges prior to the release of the boat or vessel.

The prohibitions and restrictions contained in Subsections A through D of this section shall not apply to the riparian grant owned by the municipality, as shown in Figure 1 below,[1] between the bulkhead at or adjacent to the intersection of West Avenue and Pearl Street, and bordered by Block 113, Lots 2, 2.01, and 2.02, and shall be limited to the use provided by this subsection. This area shall be reserved as an area for Baymen with an active recreational or commercial shellfish license, and limited to the size and type of boats typically used for shellfishing in Little Egg Harbor Bay, such as a Garvey or Sneakbox.

[Added 6-10-2024 by Ord. No. 2024-17C]

Editor's Note: Figure 1 is included as an attachment to this chapter.

§ 141-7 through § 141-16. (Reserved) [1]