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ORDINANCE 2011-23 Public Urination, Disrobing and Tailgating

ADOPTED: AUGUST 23, 2011

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
OCEAN COUNTY, NEW JERSEY AMENDING CHAPTER III (POLICE REGULATIONS) AMENDING SECTION 3-21, ENTITLED, “NUDITY, INDECENT OR LEWD DRESS AND EXPOSURE, URINATING IN PUBLIC PROHIBITED” AND SUPPLEMENTING SAID CHAPTER III TO INCLUDE “PICNICKING AND TAILGATING UPON PLACES UNINTENDED”


BE IT ORDAINED by the Borough Council of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey as follows:

SECTION 1. Section 3-21 of the Code of the Borough of Point Pleasant Beach is hereby deleted and in its place the following shall be inserted:

“3-21. Nudity, Indecent or Lewd Dress and Exposure, Urinating or Defecation Prohibited.

3-21.1. Unlawful Acts. It shall be unlawful, and shall be a public nuisance, for any person:

a. To make any indecent exposure for exhibition of any kind in or upon any street, road, highway, place, alley, lane, or parking lot, public or private, within the Borough; or

b. To expose to public view, within the aforesaid Borough, his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

c. To engage, within the aforesaid Borough, in any practice having a tendency to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or

d. To make any indecent exposure of his or her private parts or engage in any lewd or indecent act or behavior; or

e. To urinate or defecate in public places, including public and private parking lots, or streets, or on the lawns or yards of private homes and residences, or in the public view.

SECTION 2. Section 3-4 of the Code of the Borough of Point Pleasant Beach is hereby amended to be retitled as “Litter and Picnicking in Places Unintended”.

SECTION 3. Section 3-4 of the Code of the Borough of Point Pleasant Beach is hereby supplemented by the inclusion of the following subsection:

“3-4.23. Picnicking Upon Places Unintended Is Prohibited.

3-4.23.1. Definitions. The following definitions shall apply:

a. Areas Unintended. These areas include streets, sidewalks, private properties without the owner’s permission, and public parks, parking lots and recreation areas (including schools) unless designated for picnicking.

b. Picnicking. This shall include the outdoor consumption of a meal, including various food types and beverages.

c. Tailgating. To picnic upon a parked automobile, utility vehicle or truck to include the placing of various foods and beverages upon the tailgate, hood, roof, trunk, open trunk, or upon seats of opened doored vehicles including the consumption of said foods and/or beverages.

d. Picnicking or Tailgating Upon Areas Unintended Prohibited. A violation of the within Ordinance shall include the picnicking or tailgating upon areas unintended within the Borough of Point Pleasant Beach.

SECTION 4. Violations and Penalties. The general penalty provisions of the within Chapter III (Police Regulations) shall apply to the within Ordinance.

SECTION 5. This Ordinance repeals any inconsistent ordinance or ordinances or part or parts thereof.

SECTION 6. This Ordinance shall take effect immediately upon its final passage and publication as required by law.

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 2nd day of August 2011 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 23rd day of August 2011 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.


MARYANN ELLSWORTH, RMC
Municipal Clerk


Published August09, 2011 | New Ordinances | 1241


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