3-1 LITTER.
3-1.1 Definitions. As used in this section:
a. “Commercial handbill” shall mean printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature.
1. Which advertises for sale any merchandise, product, commodity, or thing; or
2. Which directs attention to any business, mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3. 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; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order provided, that nothing contained in this section shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license where such license is or may be required by any law of this State, or under any ordinance of this borough; or
4. 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 advertiser or distributor.
b. “Garbage” shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
c. “Litter” shall mean “garbage”, “refuse”, and “rubbish” as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
d. “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 regulations, and any newspaper filed and recorded with any recording officer and shall mean any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
e. “Non-commercial handbill” shall mean any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
f. “Park” shall mean a park, reservation, playground, beach, recreation center or any other public area in the borough, owned or used by the borough and devoted to active or passive recreation.
g. “Private premises” shall mean dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling.
h. “Public place” shall mean all streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings.
i. “Refuse” shall mean all putrescible and nonputrescible solid wastes, (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
j. “Rubbish” shall mean nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar material.
k. “Vehicle” shall mean every device, in, upon, or by which any person or property is transported or drawn upon a highway.
3-1.2 Burning of Litter Prohibited. No person shall burn any litter in any open place, whether public, private, or in any outside receptacle, incinerator or outdoor fireplace.
3-1.3 Litter in Public Places. No person shall throw litter in or upon any street, sidewalk or other public place within the borough except in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
3-1.4 Sweeping Litter into Gutters Prohibited. No person shall sweep into any gutter, street or other public place within the borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
3-1.5 Merchant’s Duty. No person owning or occupying a place of business shall sweep into any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the borough shall keep the sidewalk in front of their business premises free of litter.
3-1.6 Litter Thrown from Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the borough, or upon private property.
No person shall obstruct the free and lawful passage of pedestrians and vehicles on the streets, highways, or sidewalks of the borough, or any part thereof, by placing thereon any vehicle, article of traffic or merchandise or any wares, in a case or otherwise, or any packing boxes, barrels, any sign or like structure, lumber, wood, or other obstruction of any kind. No person shall place or cause to be placed any rubbish, debris, sand, gravel, stone, soil, mulch or other landscaping material on any public street, or portion thereof in any manner so as to obstruct or interfere with the operation of motor vehicles or drainage. (Ord. No. 2004-15 § 1)
If the Police Department determines that material deposited on any street is potentially hazardous to pedestrians or vehicles, then the police may order the material removed. If the individual or company does not promptly remove said material, then the Borough of Harvey Cedars shall remove same and the person or company responsible for same shall reimburse the Municipality for the cost of removal. (Ord. No. 2005-18 § 1)
3-1.7 Trucks Causing Litter. No person shall drive or move any truck or other vehicle within the borough unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive any vehicle or truck, on wheels or tires of which carry onto or deposit in any street, mud, dirt, sticky substances, litter or foreign matter of any kind.
3-1.8 Litter in Parks. No person shall throw or deposit litter in any park within the borough except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
3-1.9 Litter in Lakes and Fountains. No person shall throw litter in any fountain, pond, lake, stream, lagoon, bay or any other body of water in a park or elsewhere within the borough.
3-1.10 Commercial Handbills. No person shall throw any commercial or non-commercial handbill upon any sidewalk, street, or other public place within the borough. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the borough for any person to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it.
3-1.11 Handbills on Vehicles. No person shall throw or deposit any commercial handbill upon any vehicle. It shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a non-commercial handbill to any occupant of a vehicle who is willing to accept it.
3-1.12 Handbills on Vacant Premises. No person shall throw any commercial or non-commercial handbill upon any private premises which are temporarily or continuously uninhabited or vacant.
3-1.13 Distribution of Handbills Where Posted. No person shall throw or distribute any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance, a sign bearing the words: “No Trespassing”, “No Peddlers or Agents”, “No Advertisement”, or any similar notice, indicating that the occupants of the premises do not desire to be molested or have the right of privacy disturbed, or to have any such handbills left upon such premises.
3-1.14 Distributing Handbills at Inhabited Premises. No person shall throw, deposit or distribute any commercial or non-commercial handbill upon private premises which are inhabited, except by handing the handbill directly to the owner, occupant, or other person then present in the premises. In case of inhabited private premises which are not posted, the person, unless requested by anyone upon the premises not to do so, may place any handbill in or upon the inhabited private premises if the handbill is placed as to secure or prevent the handbill from being blown about the premises or sidewalks, streets, or other public places, mailboxes may not be used when prohibited by Federal postal law or regulations.
3-1.15 Mail and Newspapers. The provisions of this subsection shall not apply to the distribution of mail by the United States, nor to newspapers as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.
3-1.16 Posting Notices Prohibited. No person shall post or affix any notice, poster or device calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.
3-1.17 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the borough whether owned by the person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
3-1.18 Maintain Premises Free of Litter. The owner or person in control of any private property shall at all times maintain the premises free of litter. This subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
3-1.19 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the borough whether owned by the person or not.
a. Notice to Remove. The chief of police is hereby authorized and empowered to notify the owner of any open or private property within the borough or the agent of the owner to properly dispose of litter located on the owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to the owner at his last known address.
b. Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within ten days after receipt of written notice provided for in paragraph (a) above, or within ten days after the date of such notice in the event the same is returned to the borough by the post office because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of the owner, the chief of police is hereby authorized and empowered to order its disposal by the borough.
c. Charge Included in Tax Bill. When the borough has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner by the borough and the charge shall be due and payable by the owner at the time of payment of the bill.
d. Recorded Statement Constitutes Lien. Where the full amount due the borough is not paid by such owner within 30 days after the disposal of such litter, as provided for in paragraphs (a) and (b) above, then the commissioner of public safety shall cause to be recorded in the office of the collector of taxes a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty of eight percent in the event same is not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
3-1.20 Litter Containers.
a. All litter for collection by the borough or its agent shall be placed in metal or plastic garbage cans (not to exceed 35 gallons or 132 liters) with covers and handles.
b. Any business, commercial, industrial or construction location shall place its litter or trash in a dumpster or container of appropriate size to prevent spill over. Any dumpster or container used for trash or litter shall be covered so as to prevent the blowing of any trash or litter from the container or dumpster.
3-2 DISORDERLY PERSONS.
3-2.1 Purpose. Because the acts of one or more persons as hereafter described do and may injure the rights of others, the following requirements are hereby imposed and declared necessary for the general protection of the public.
3-2.2 Disrobing. It is unlawful to dress, undress, change clothing or sleep in any type of motor vehicle or other type of vehicle.
3-2.3 Playing in Streets. The playing of baseball, football, hockey, the use of skateboards and/or roller skates, or the playing of any type of game on the public streets running northeast and southwest within the territorial limits of the Borough of Harvey Cedars is hereby prohibited.
3-2.4 Burning of Trash Prohibited. The burning of rubbish, trash or disposable material is hereby prohibited. Permits for fires for beach parties may be granted in writing by the police department when it appears that life, health or public safety will not be endangered; such permits being good only for the date specified.
3-2.5 Loitering. It is unlawful to loiter, assemble, band or crowd together on the public streets or any other public area in such a manner as to interfere with the rights of others to use the public streets or public area.
3-2.6 Alcoholic Beverages in Public Places. It shall be unlawful at any time to consume any kind of alcoholic beverage upon any street, highway, alley, sidewalk, approach, step, beach, in any automobile or other vehicle parked upon any street, highway or alley, or in any public building or any public place, except in a licensed establishment.
3-2.7 Noise Prohibited. To revel, disport, or behave in a noisy and boisterous manner, emitting loud cries and other noises, so as to inconvenience others, or otherwise disrupt and disturb the public peace and dignity is prohibited.
3-2.8 Obscene Behavior Prohibited. To act in a loud, indecent, obscene, offensive or lascivious manner on the public streets or public areas, is prohibited.
3-2.9 Prohibited Bicycles. It shall be unlawful for any person, other than those persons in the employ of the Government of the United States of America, to operate a bicycle having more than two wheels on the public streets running northeast and southwest with the territorial limits of the Borough of Harvey Cedars.
3-2.10 Disrobing. The act of disrobing, changing clothes, dressing or undressing is hereby prohibited in all public places. (Ord. No. 2003-08 § 1)
3-3 RENTING TO MINORS.
3-3.1 Regulations. 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.
a. Every group of minors, when occupying a room, 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 the minors.
b. Before any room, 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 paragraph, shall report to the police department of this municipality and register with the police department the name and address of the parent, guardian or adult person having charge of such group of minors.
3-3.2 Landlord’s Responsibility. No landlord, real estate broker or owner of any room, apartment, cottage or house shall permit same to be occupied by any group of minors until the provisions of paragraphs b and c of subsection 3-3.1 have been complied with.
No landlord, real estate broker or owner of any room, 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 the group of minors and being responsible for their proper conduct.
No lease shall be sublet or assigned for use by another group of minors unless and until the same provisions are made and carried out as to the subletting or assignment as provided above for the original lease.
3-3.3 Requirements for Guardian. No parent, guardian or adult person shall have charge of a group of minors for the purpose stated herein who shall have a criminal record.
3-3.4 Definition. “Group of minors” as used in this section shall mean a unit of two or more individual persons each under the age of 18 years.
3-4 BEACH AND BAY REGULATIONS.
3-4.1 Definitions. As used in this section:
“Beach and bay areas” shall mean all of those areas of land along the ocean front and bay front owned by the Borough of Harvey Cedars, and those wherein the borough has control of the use by easement deed, and all other areas set apart by consent of owners where protected bathing areas are established; public street ends on the bay front or ocean front.
3-4.2 Violations Prohibited. It shall be unlawful and an offensive course of conduct to violate or participate in the violation of any rule or regulation hereinafter set forth, which rules and regulations are hereby adopted for and shall apply to the government, supervision, use and policing of the aforesaid areas, viz: those areas supervised by the borough guards and designated as protected bathing areas.
3-4.3 Prohibited Activities.
3-5 REMOVAL OF WEEDS, GRASS AND RUBBISH.
3-5.1 Fire Hazards Prohibited. It shall be unlawful for the owner or occupant of any lot, tract or parcel of land within the borough to allow, or permit any weeds, grass, bushes, hedges or rubbish to grow, accumulate, or remain upon such land, to the extent that the same, when dry, would become inflammable and constitute a fire hazard dangerous to life or property within the borough.
3-5.2 Notice to Remove. Whenever it shall come to the notice of the board of commissioners of the borough, that a condition violative of subsection 3-5.1 of this chapter exists, upon any lot, tract or parcel of land within the borough, the board may instruct and cause the borough clerk, or such other officer of the borough as the board may designate, to serve notice in writing upon the owner or occupant of the parcel of real estate to remove the weeds, grass, bushes, hedges or rubbish within 14 days after the service of such notice.
3-5.3 Failure to Comply. Upon the failure of the owner or occupant to comply with the requirements of the notice, the borough will cause the work to be done, in which event the cost thereof shall be charged against the owner or occupant of the lands.
In the event the owner or occupant of the land shall fail, neglect or refuse to comply with the requirements of the aforesaid notice, within the time required by the notice, then the board of commissioners may cause such weeds, grass, bushes, hedges or rubbish to be removed from the lands, whenever the same shall constitute a fire hazard, dangerous to life and property within this borough.
3-5.4 Cost to be Lien Against Property. Whenever the borough shall cause the work mentioned in subsection 3-5.3 hereof to be done, the cost of the work shall be certified to the board and, if and when the cost thereof shall have been approved by the board, the collector of taxes shall enter the cost of the work as a charge and lien against the lands upon which the work was done, and the same shall constitute a lien against the lands and shall be collected, and the payment thereof enforced, in the same manner as other taxes and assessments against the lands are collected and enforced.
In lieu of the procedure set forth in subsection 3-5.4 hereof, the borough may recover the cost of such work against the owner or occupant of such land by an action of law, in accordance with the statute in such case made and provided.
3-6 WILDLIFE FEEDING.
3-6.1 Definitions.
Feed – to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Wildlife – all animals that are neither human nor domesticated.
3-6.2 Prohibited. No person shall feed, in any public park or on any other property owned or operated by the Borough of Harvey Cedars any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
Any person to be in violation of this ordinance shall be ordered to cease the feeding immediately.
(Ord. No. 2006-02 § 1)
3-7 ISSUANCE OF WORTHLESS CHECKS.
3-7.1 Issuance Prohibited. It shall be unlawful for any person, either for himself or as agent or representative of another person, or as an officer or agent for any corporation, or as a member of a partnership, with intent to defraud, to make, draw, utter or deliver any check, draft or order for the payment of money in a sum not in excess of two hundred ($200.00) dollars, upon any bank or other depository for the payment in full of such instrument upon its presentation although no express representation is made in reference thereto.
3-7.2 Presumption. The making, drawing, uttering or delivering of a check, draft or order as stated in the foregoing subsection shall be prima facie evidence of intent to defraud, and the certificate of protest of nonpayment of same shall be presumptive evidence that there were no funds or insufficient funds in or credit with such bank or other depository and that the person making, drawing, uttering or delivering the instrument knew that there were no funds or insufficient funds in or credit with such bank or other depository.
3-8 BELOW GRADE LOTS.
3-8.1 Prohibited. It shall be unlawful for the owner of any land in the borough to allow the land to be below grade or to permit the presence thereon of any stagnant water or refuse or other obnoxious materials, all of which provide breeding areas for mosquitoes, flies and other insects injurious to the public health.
3-8.2 Notice to Owners. Upon complaint of any resident or property owner, or upon his own motion, the commissioner of public affairs and safety, or his designated agent, shall investigate the condition complained of. If a violation of this section is found to exist, the commissioner of public affairs and safety shall give notice to the owner either personally or by certified mail addressed to him at his address as shown on the last tax duplicate of the borough, requiring him to eliminate the violation and fill the land with clean fill to a street grade height of eight inches, within ten days after giving of the notice.
3-8.3 Cost to be Lien Against Premises. If the owner of the land shall refuse or neglect to comply with the notice within the ten day period, the borough shall be empowered to have the necessary work done. In such event the cost thereof shall be certified to the board of commissioners, which board shall examine the certificate, and if the same be found correct shall cause the cost as shown thereon to be charged against the lands in question. The amount so charged shall forthwith become a lien on the land, to bear interest at the same rate as taxes, and to be collected and enforced by the same officers and in the same manner as taxes.
3-8.4 - 3-8.5 Reserved.
3-9 PENALTY.
3-9.1 Maximum Penalty. For violation of any provisions of this chapter, any other chapter of this revision, or any other ordinance of the borough where no specific penalty is provided regarding the section violated, the maximum penalty upon conviction, shall be a fine not exceeding one thousand ($1,000.00) dollars, or imprisonment for a period not exceeding 90 days, or both. (N.J.S.A. 40:49-5)
3-9.2 Separate Violations. Except as otherwise provided every day in which a violation of any provision of this chapter or any other ordinance of the borough exists shall constitute a separate violation.
3-9.3 Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
3-9.4 Minimum Penalty. The governing body may prescribe that, for the violation of any particular code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding one hundred ($100.00) dollars. (N.J.S.A. 40:49-5)
3-10 MASSAGE PARLORS.
3-10.1 Definitions. As used in this section:
a. “Massage” shall mean the administration by any person or method of exerting or applying pressure, friction, moisture, heat or cold to the human body with a rubbing, stroking, kneading, pounding, or tapping of the human body by any physical or mechanical means for any form of consideration.
b. “Massage parlor” shall mean any establishment or operation wherein a massage is administered or is permitted to be administered when such massage is administered for any form of consideration.
c. “Massager” shall mean any person, male or female, who administers a massage for any form of consideration.
3-10.2 Massage Parlor Prohibited. No person shall operate any establishment or utilize any premises in the Borough of Harvey Cedars as or for a massage parlor.
3-10.3 Employment as Massager Prohibited. No person shall render or perform services as a massager or engage in the business of or be employed as a massager.
3-10.4 Exemptions. The provisions of this section shall not apply to massage or physical therapy treatment given by a registered massager, R.M.T. or A.M.T.A. in:
a. The office of a licensed physician, chiropractor, or physical therapist;
b. In a regular established medical center, hospital, or sanitarium having a staff which includes licensed physicians, chiropractors and/or physical therapists;
c. By any licensed physician, chiropractor or physical therapist in the residence of his patient;
d. By any presently existing massage establishment operated or maintained by a corporation organized under Title 15 of the Revised Statutes of the State of New Jersey.
3-11 ADULT BOOK STORES.
3-11.1 Definitions. As used in this section, the following terms shall have the meanings indicated.
a. “Adult bookstore” shall mean an establishment having as a substantial or significant portion of its stock in trade books, magazines, and other periodicals and films and other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to special sexual activities, sexual conduct, or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
b. “Adult motion picture theater” shall mean an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
c. “Motion picture” shall mean film or films in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochistic abuse.
d. “Sadomasochistic abuse” shall mean flagellation or torture by or upon a human being who is nude, clad in undergarments or the condition of one who is nude or so clothed and is being fettered, bound, or otherwise physically restrained.
e. “Sexual conduct” shall mean human masturbation or sexual intercourse between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification.
f. “Special anatomical area”
1. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola.
2. Human genitals in a discernibly turgid state, even if covered.
g. “Specified sexual activities”
1. Human genitals in a state of sexual stimulation or arousal.
2. Any act of human masturbation, sexual intercourse or sodomy.
3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
3-11.2 Adult Bookstore or Motion Picture Theater Prohibited. No person shall operate any establishment or utilize any premises in the Borough of Harvey Cedars as or for an adult bookstore or an adult motion picture theater.
3-12 HOURS OF OPERATION OF RETAIL ESTABLISHMENTS.
3-12.1 Findings. It is hereby found and declared that operation of a retail and/or service establishment between the hours of 12:00 midnight and 5:00 a.m. constitutes a detriment to the public health, comfort, safety and welfare of the residents of the borough.
The necessity in the public interest for the provisions, regulations and prohibitions contained in this section, is declared as a matter of legislative determination and public safety; and it is further declared that the provisions, regulations and prohibitions hereinafter contained are in the pursuance of and for the purpose of securing and promoting the public health, safety and welfare, and the peace and quiet of the borough and its inhabitants.
3-12.2 Definitions.
a. As used in this section a “retail establishment” is defined as a commercial enterprise that sells or provides goods and/or services to the general public.
b. Exceptions. An establishment that sells alcoholic beverages, which is regulated by the ordinances as set forth in Chapter V of the Revised General Ordinances of the Borough of Harvey Cedars.
c. It is not the intention of this section to alter or amend any of the provisions of said Chapter V.
3-12.3 Hours Regulated. Any retail and/or service establishment may not open for business before 5:00 a.m., nor remain open for business past midnight. No customers may remain on the premises after said establishment is closed.
3-12.4 Violation; Penalty. A violation of this section is punishable by a fine not exceeding five hundred ($500.00) dollars per occurrence.
3-13 PARKS AND RECREATION AREAS.
3-13.1 Activities Prohibited.
a. It shall be unlawful for any person in a public park or recreation area to:
1. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railings, pavings or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
2. Fail to cooperate in maintaining rest rooms and wash rooms in a neat and sanitary condition.
3. Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
4. Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
5. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grassed areas, or in any other way injure the natural beauty or usefulness of any area.
6. Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
7. Tie or hitch an animal to any tree or plant.
8. No person shall hunt, molest, kill, wound, trap, abuse, shoot, pursue, or throw missiles at, remove, or have in his possession any animals, reptiles, or birds found within a borough park, nor disturb its habitat within a borough park, or knowingly buy, receive, have in his possession, sell or give away any such animal, reptile, bird or eggs so taken, except as may be specifically provided for, and being in accordance with State/Federal Fish and Game Laws.
9. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in any park or tributary stream, storm sewer, or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
10. Have brought in or shall dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
11. Drive or park any vehicle on any area except the paved park roads or parking areas, or such areas as may on occasion be specifically designated as temporary areas by the park and recreation commission.
12. Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas. No motor vehicle shall be parked in said park areas from one-half hour after sunset until sunrise, except as otherwise permitted.
13. Ride a bicycle without reasonable regard to the safety of others.
14. Leave a bicycle lying on the ground or paving or set against trees, or in any place or position where a person may trip over or be injured by it.
15. Swim, bathe, or wade in any waters or waterways in any park, except in such waters, and at such places as are provided therefor, and in compliance with such regulations as are herein set forth, or may be hereinafter adopted, nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activities are prohibited by the park and recreation commission upon a finding that such use of water would be dangerous or otherwise inadvisable.
16. Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter, or structure of any kind, nor shall any guy wire, rope, or extension, brace, or support, be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof.
17. Bring into or operate any boat, raft, or other water raft, whether motor powered or not, upon any waters, except at places designated for boating by the park and recreation commission. Such activity shall be in accordance with applicable regulations as are now or will hereafter be adopted.
18. Navigate, direct, or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.
19. Fish in any area where bathing is permitted.
20. Shooting into park areas from beyond park boundaries is forbidden. No person shall carry or possess firearms of any description, or air-rifles, spring-guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device, except as may be specifically provided for, and being in accordance with State/Federal Fish and Game Laws.
21. Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
22. Violate the regulation that use of individual fireplaces, together with tables and benches follows the generally accepted rule of “First Come, First Served.”
23. Use any portion of the picnic area or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such areas and facilities for an unreasonable time, if the facilities are crowded.
24. Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
25. Set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park, after closing hours, any movable structure or special vehicle to be used, or that could be used for such purpose, such as a house-trailer, camp-trailer, camp-wagon, or the like, except in those areas designated by the park commission for those purposes.
26. Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, horseshoes, quoits, or model airplanes, except in those areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and lacrosse is prohibited, except on the fields and courts or areas provided therefor. Roller skating shall be confined to those areas specifically designed for such pastime.
27. Ride a horse, except on designated bridle trails, where permitted. Horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree or shrub.
3-13.2 Conduct in Parks.
a. While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and in particular, no person shall:
1. Bring alcoholic beverages, drink same at any time, nor shall any person be under the influence of intoxicating liquor in a park.
2. Have in his possession, or set, or otherwise cause to explode or discharge or burn, any firecrackers, torpedo rockets, or other fireworks, firecrackers, or explosives of inflammable material, or discharge them or throw them into any such areas from lands or highways adjacent thereto. This prohibition includes any substance, compound, mixture, or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. At the discretion of the park and recreation commission, permits may be given for conducting properly supervised fireworks in designated park areas.
3. Be responsible for the entry of a dog or other domestic animal into areas clearly marked by the park and recreation commission by signs bearing the words “Domestic Animals Prohibited in this Area.” Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas, where such animals are permitted, shall be restrained at all times on adequate leashes not greater than six feet in length.
4. Solicit alms or contributions for any purpose, whether public or private.
5. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the park and recreation commission. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other inflammable material within any park or on any highways, roads, or streets abutting or contiguous thereto.
6. Enter an area posted as “Closed to the Public” nor shall any person use, or abet in the use of any area in violation of posted notices.
7. Gamble or participate in or abet any game of chance, except in such areas, and under such regulations, as may be designated by the park and recreation commission.
8. Go onto the ice on any of the waters, except such areas as are designated as skating fields, and provided a safety signal is displayed.
9. Upon request to fail to produce and exhibit a permit from the park and recreation commission he claims to have to any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with an ordinance or rule.
10. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity under the authority of a permit.
11. Expose or offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display or any such article or thing. Exception is hereby made as to any regularly licensed concessionaire acting by and under the authority and regulation of the park and recreation commission.
12. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any park lands or highways or roads in any park.
3-13.3 Public Use and Availability of Park and Recreation Areas.
a. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information and shall be determined from time to time by resolution of the park and recreation commission.
b. No person shall, on the grounds of race, color, national origin, religion, age, sex, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any park facility, program or activity.
c. Discrimination on the basis of residence, including preferential reservation, membership or annual permit systems, is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence in any park.
3-13.4 Permits.
a. Permits for special events in parks shall be obtained by application to the park and recreation commission in accordance with the following procedures:
1. A person seeking issuance of a permit hereunder shall file an application with the park and recreation commission stating:
(a) The name and address of the applicant.
(b) The name and address of the person, persons, corporation or associations sponsoring the activity, if any.
(c) The day and hours for which the permit is desired.
(d) The park or portion thereof for which such permit is desired.
(e) Any other information which the park and recreation commission shall find reasonably necessary for a fair determination as to whether a permit should be issued hereunder.
2. Standards for issuance of a use permit by the park and recreation commission shall include the following findings:
(a) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
(b) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
(c) That the proposed activity or uses are not reasonably anticipated, will not include violence, crime or disorderly conduct.
(d) That the proposed activity will not entail, extraordinary or burdensome expense of police operation by the borough.
(e) That the facilities desired have not been reserved for other use at the date and hour requested in the application.
3. Within five days after the receipt of an application, the park and recreation commission shall apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the borough commissioners by serving written notice thereof on the borough clerk within five days of said refusal.
A copy of said notice shall also be served on the park and recreation commission within the same time, and said commission shall immediately forward the application and the reasons for its refusal to the borough commissioners, who shall consider the application under the standards set forth under subsection (b) hereof and sustain or overrule the park and recreation commission’s decision within ten days from the receipt of the appeal by the borough clerk. The decision of the borough commissioners shall be final.
4. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
5. The person or persons to whom the permit is issued shall be liable for all loss, damage, or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. The park and recreation commission shall have the right to require any permittee to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined by the commission prior to the commencement of any activity or issuance of any permit.
6. Revocation. The park and recreation commission shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
3-13.5 Enforcement.
a. The park and recreation commission and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this section.
b. The park and recreation commission and any park attendant shall have the authority to eject from the park area any person or persons acting in violation of this section.
c. The park and recreation commission and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park, or used, in violation of this section.
d. This section shall also be enforced by the Harvey Cedars Police Department.
3-13.6 Use by Schools. The Borough of Harvey Cedars reserves the right with respect to any or all of the public park and recreation areas, and any facilities located therein to enter into any agreement with the Board of Education of the Long Beach Island Consolidated School District concerning the control and use thereof, and anything contained in this section to the contrary notwithstanding, any use of said premises or said facilities by the board of education pursuant to any agreement with the borough commissioners or park and recreation commission heretofore and hereafter entered into shall be free and exclusive from any control or supervision of or by the park and recreation commission.
3-13.7 Violations and Penalties. Any person violating any of the provisions of this section or any rule or regulation promulgated hereto, shall upon conviction be subject to the replacement, repair or restoration of any damaged park property, and shall be subject to a fine not exceeding five hundred ($500.00) dollars.
3-13.8 Effect on Other Regulations. This section is in addition to and not in derogation of any other ordinance involving or effecting any of the subject matters contained within the section.
3-14 SMOKING PROHIBITED.
3-14.1 Findings. It is not the policy of the board of commissioners of the Borough of Harvey Cedars to deny anyone the right to smoke. However, the board of commissioners finds that in the areas affected by this section, the right of the nonsmoker to breathe clean air should supersede the right of the smoker to smoke. (Ord. No. 2006-07 § 2)
3-14.2 Definitions.
“Bay beach” shall mean the bathing area located at the west end of West 75th Street and Barnegat Bay, which includes the fenced swimming area, the sandy beach area and the pavilion. (Ord. No. 2006-07 § 3)
“Borough offices” shall mean all Borough owned buildings and interior spaces that are open to the general public, including, but not limited to, the post office, police department and the office of the Superintendent of Public Works. (Ord. No. 2006-07 § 3)
“Municipal building” shall mean the entire building commonly known and designated as the Reynold Thomas Borough Hall located at 7606 Long Beach Blvd., Harvey Cedars, New Jersey. (Ord. No. 2006-07 § 3)
“Playground” shall mean the designated area for children’s recreation located in Sunset Park, West Salem Ave. (Ord. No. 2006-07 § 3)
“Smoke” shall mean the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
“Smoking” shall mean the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco. (Ord. No. 2006-07 § 3)
3-14.3 Restricted Areas. The carrying or smoking of lighted tobacco products is prohibited in the following areas:
a. The municipal building and borough offices.
b. The bay beach.
c. The playground.
(Ord No. 2006-07 § 4)
3-14.4 Enforcement and Penalty. Enforcement shall be through police or citizen complaint. Anyone violating this section shall be subject to the issuance of a summons returnable in the Municipal Court of the Borough of Harvey Cedars, and subject to a fine not to exceed twenty-five ($25.00) dollars. (Ord No. 2006-07 § 5)
3-15 TOWING.
a. Towing and storage of motor vehicles or vessels which are stolen, abandoned, involved in a crime, involved in a fatal accident or accidents which in the judgment of the police may become fatal, shall be considered police impounds. Said vehicle or vessel shall be towed to the designated police impound property.
b. The cost of the said towing shall be borne by the owner of the vehicle or vessel who shall reimburse the towing contractor for his charges.
c. The Borough of Harvey Cedars shall charge at the rate of ten ($10.00) dollars per day, storage fees for vehicles or vessels stored in its unsecured lot owned and operated by the Borough of Harvey Cedars.
3-16 ALARM SYSTEMS.
3-16.1 Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:
“Alarm system” shall mean any device designed, when actuated, to produce or emit a sound or transmit a signal or message for the purpose of alerting others to the existence of an emergency situation requiring immediate investigation by alarm, police, fire or other agent.
“False alarm” shall mean the activation of an alarm system by causes other than those to which the alarm system was designed or intended to respond.
“Fire department” shall mean the volunteer fire company or companies located within the Borough of Harvey Cedars.
“Borough chief of police.” The borough chief of police or representative shall be responsible for the enforcement of this section and any administrative duties regarding the regulation and control of alarm business, agents and systems in the borough.
3-16.2 Required Inspection and Information.
a. The borough chief of police and/or representative is authorized, at reasonable times and upon oral notice, to enter any premises in the Borough of Harvey Cedars to inspect the installation and/or operation of any alarm device as official business.
b. All business having fire alarms must submit the names, addresses and emergency numbers of persons to contact, if the alarm is activated, to the chief of police and shall update and/or amend this list annually. This list is confidential and shall be used by the police and/or fire department when necessary to make contact due to official business.
3-16.3 False Alarm.
a. The borough chief of police shall keep a written record (the police event/dispatch card) of all false alarms which summon the police department or fire department to investigate.
b. After two false alarms in any new calendar year, the borough chief of police shall charge the owner or lessee of such alarm an administrative inspection fee, as outlined in subsection 3-16.4.
c. The owner, lessee or alarm business, after consulting with the borough chief of police, may appeal said chief of police’s decisions under subsections 3-16.2 and 3-16.3 to the township council.
3-16.4 False Alarm Penalty Fees.
a. The following chief of police inspection fees shall be applicable as a result of excessive false alarms:
1. Zero to two; no fee.
2. Third false alarm; one hundred ($100.00) dollars.
3. Fourth false alarm; one hundred fifty ($150.00) dollars.
4. Fifth false alarm; two hundred ($200.00) dollars.
5. Sixth false alarm; two hundred fifty ($250.00) dollars.
6. Seventh false alarm; three hundred ($300.00) dollars.
7. Eight or more false alarms; three hundred fifty ($350.00) dollars.
b. The reconnection fee as outlined subsection 3-16.3e shall be twenty-five ($25.00) dollars.
3-17 CURFEW.
3-17.1 Established Hours. It shall be unlawful for any minor under the age of 18 years to loiter or remain in or upon any public street, highway, sidewalk, road, playground, alley, park, vacant lot, bathing beach, public building, place of amusement or places of business conducted for profit to which the public is invited or unsupervised places, either on foot or in or upon any vehicle within the Borough of Harvey Cedars between the hours of 12:00 midnight, prevailing time, and 6:00 a.m., prevailing time, on the following day; provided, however, that the provisions of this section shall not apply to any such minor when accompanied by his parent or parents, guardian or other adult person having custody, care or control of such minor.
3-17.2 Responsibility of Parent. It shall be unlawful for any parent, guardian or other adult person having custody, care or control of a minor child under the age of 18 years to knowingly permit such minor to loiter or remain unaccompanied by such parent, guardian or other adult person, upon any public street, highway, sidewalk, road, playground, alley, park, vacant lot, bathing beach, public building, place of amusement or places of business conducted for profit to which the public is invited or unsupervised places, either on foot or in or upon any vehicle within the borough, between the hours of 12:00 midnight, prevailing time, and 6:00 a.m., prevailing time, on the following day.
3-17.3 Exceptions. The provisions of this section shall not apply to any minor under the age of 18 years during the time necessarily required for such minor to travel to his or her residence from:
a. A place of employment at which such minor may be gainfully employed;
b. A school or place of instruction at which such minor may be in bona fide attendance.
c. A place at which a function may be held which shall be or has been sponsored by a school, religious or civic organization, or which shall be or has been a properly supervised event or program, or
d. A place at which a bona fide, supervised social meeting, gathering or assemblage had taken place.
3-17.4 Emergencies. Should any emergency arise necessitating a minor child under the age of 18 years to be dispatched on an errand requiring his presence on a street or in an automobile, or in any public or quasi-public place, as aforesaid, during the curfew hours established, he shall have in his possession a note signed by the parent, guardian or other person having custody, care or control of such minor child under the age of 18 years, stating the nature of the errand, the necessity therefor, the place to which the child is to go, the time and date note was issued and the time required for the errand. Failure to comply with the provisions of this paragraph shall constitute a violation of this section.
3-17.5 Presumption of Violation. If it shall be established that a minor under the age of 18 years loitered or remained in or upon any of the public or quasi-public places in the borough, as above set forth, in violation of this section, then it shall be presumed, in the absence of proof to the contrary, that the parent or other adult person having the care, control or custody of the minor knowingly permitted such conduct on the part of the minor.
3-18 CUTTING OF PAVERS, BRICK AND CONCRETE.
Any person engaged in cutting any stone or masonry products including without limitation, brick pavers, bricks, concrete blocks and stone shall perform such cutting only by using water dampened cutting disks or water dampened cutting saws to control as much as may be practical the dispersion of dust generated by such cutting. (Ord. No. 2005-20 § 1)
3-19 OVERSIZED VEHICLES.
3-19.1 Purpose. The Board of Commissioners of the Borough of Harvey Cedars has found and determined that the operation of oversized vehicles on municipal roadways can create public safety problems to other vehicles, property and persons, together with impeding access to emergencies by emergency vehicles including police, fire and first aid.
3-19.2 Approval for Oversized Vehicles. Before anyone can operate an oversized vehicle on municipal roads, that individual or company must receive prior approval from the Chief of Police or his designee.
The Chief of Police or his designee may deny permission in his discretion, until he deems it safe to operate said oversized vehicle.
3-19.3 Penalty. Failure to obtain said approval shall subject the violator to the penalties set forth in Section 3-9.1
(Ord. No. 2006-19 § 1)