Belmar Disorderly Conduct

Disorderly Conduct in Belmar

Criminal Defense Lawyer & Former Prosecutor

The criminal defense lawyers at our NJ law firm, the Law Offices of John F. Marshall have experience in defending individuals charged with disorderly conduct, motor vehicle offenses and other criminal matters in Belmar, New Jersey.  In fact, our lead attorney, John F. Marshall, is a former resident of Belmar and is very familiar with the community and the Belmar Municipal Court.  Please do not hesitate to contact our law office if you have received a summons, ticket or complaint for disorderly conduct in Belmar as one of our criminal attorneys will be happy to assist you.  A lawyer is available to speak to you immediately and initial consultations regarding a charge or arrest are always without charge. 

Belmar Disorderly Conduct Regulations

The Borough of Belmar has adopted a local ordinances to regulate disorderly conduct within the town.  A summons, ticket or complaint for disorderly conduct is issued when a police officer believes this regulation has been violated. The disorderly conduct ordinances in Belmar provide as follows:

16-2.4 Discretion of Police Officer.

Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 16-2.3, he/she shall, if he/she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section. (1966 Code § 3-2.4; Ord. No. 1991-1 § 16; Ord. No. 2005-23 § I).

16-12.1 Unlawful Acts.

It shall be unlawful, and shall be a public nuisance, for any person:

a. To make any indecent exposure or exhibition of any kind in or upon any street, road, highway, place, alley or lane, public or private, in 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 engage, within the aforesaid Borough, in any practice, while passing on the streets or sidewalks, having a tendency to annoy persons sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or

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

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

g. No radio, phonograph, tape or cassette player, television, musical instrument, loudspeaker, or amplifier, or other machine or device for the electronic or stereophonic production or reproduction of sound may be operated on any public street, sidewalk, park, recreation area, marina or other public place unless equipped and operated only with headphones.

h. To bring, consume or possess an open container of alcoholic beverage, malt alcoholic beverage or wine in any public place within the Borough other than those public places covered by an alcoholic beverage consumption license issued pursuant to Title 33 of the New Jersey Statutes or where consumption of malt alcohol or wine is permitted by N.J.S.A. 2C:33-27 as may be amended and supplemented (formerly N.J.S.A. 2A:170-25.2-23) except as specifically permitted pursuant to Chapter XVII Alcoholic Beverage Control of the Borough of Belmar Revised General Ordinances.

i. To park any vehicle in a front yard, side yard or rear yard as defined by Article 2 "Definitions" of the Development Regulations of the Borough of Belmar, except in a parking area constructed in accordance with an approved site plan, or in a driveway.

(1966 Code § 3-12.1; Ord. No. 1991-1 § 16; Ord. No. 1991-24 § 1; Ord. No. 1994-17 § 1; Ord. No. 1994-5 § 1; Ord. No. 1994-21 § 1; Ord. No. 1994-44 § 1; Ord. No. 1996-25 § 1; Ord. No. 2000-14 § I)

16-14.1 Unlawful Acts.

No persons in a public park, recreation area or any other public property shall:

a. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, 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.

b. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six (6) years shall use the restrooms and washrooms designated for the opposite sex.

c. 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.

d. 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 by the Mayor and Borough Council.

e. 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 grass areas, or in any other way injure the natural beauty or usefulness of any area.

f. 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.

g. Tie or hitch an animal to any tree or plant.

h. Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot, throw missiles at, or provide food or nourishment to, any animal, wildlife, reptile or bird; "bird" shall include, but not be limited to, any ducks, geese, Canada geese, pigeons, shore bird, whether native or domesticated, introduced or feral game bird. No one shall remove or have in his/her possession the young of any wild animal, or the eggs or nest, or young of any wild animal, or the eggs or nest, or young of any reptile or bird. Exception to the foregoing is made in that those snakes known to be deadly poisonous or deadly reptiles may be killed on sight. Penalties: Any person who shall violate the provisions of this section by providing food or nourishment to any animal, wildlife or bird shall be subject to a fine of ten ($10.00) dollars.

i. 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 or adjacent to any park or any 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 such waters.

j. 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 or contiguous to 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.

k. Drive 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 Mayor and Borough Council.

l. Park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and with the instruction of any attendant who may be present.

m. Leave a vehicle standing or parked at night in established parking areas or elsewhere in the park areas, except a municipal vehicle duly authorized or a police vehicle on duty, or except as permitted by ordinance.

n. Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.

o. Ride a bicycle without reasonable regard to the safety of others.

p. Leave a bicycle lying on the ground or paving or set against trees, or in any place or position where other persons may trip over or be injured by it.

q. Swim, bathe, or wade in any waters or waterways in or adjacent to 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 Borough Council or the Health Officer of the Borough upon a finding that such use of the water would be dangerous or otherwise inadvisable.

r. Fish in any area where bathing is permitted.

s. 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. Shooting into park areas from beyond park boundaries is forbidden.

t. 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.

u. 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.

v. Leave a picnic area 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.

w. 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 house trailer, camp trailer, camp wagon, or the like except in those areas designated by the Borough Council for those purposes.

x. 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. Rollerskating shall be confined to those areas specifically designed for such pastime.

y. Ride a horse; neither shall horses be allowed to graze or go unattended, nor shall they be hitched to any rock, tree, or shrub.

z. Notwithstanding any other penalty provision, the fine for a violation of subsection 16-14.1m shall be twenty-five ($25.00) dollars.

(1966 Code § 3-14.1; Ord. No. 1991-1 § 16; Ord. No. 1994-50 § 1; Ord. No. 1998-02 § 1; Ord. No. 2005-11).

16-14.2 Conduct.

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:

a. Bring in alcoholic beverages, drink same at any time, or be under the influence of intoxicating liquor in a park or recreation area.

b. Have in his/her 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 Borough Council, permits may be given for conducting properly supervised fireworks in designated park areas, subject to statutory requirements as to protection and insurance.

c. Be responsible for the entry of a dog or other domestic animal into areas clearly marked 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 (6') feet in length and shall be subject to controls and prohibition set forth in Chapter XXII Animals.

d. Occupy any seat or bench, or enter into or loiter or remain in any pavilion or any other park structure or section thereof which may be reserved and designated for the use of the opposite sex. Exception is made for children under six (6) years of age. Same shall be true for reservations and designations thereof for senior citizens.

e. Solicit alms or contributions for any purpose, whether public or private.

f. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Borough Council. No person shall drop, throw or other-wise 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.

g. 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.

h. Gamble, or participate in or abet any game of chance except in such areas and under such regulations as may be designated by the Borough Council.

i. 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.

j. Sleep in any public park, recreation area, or on any public street, sidewalk, or area is prohibited. If the offense occurs between the hours of 10:00 p.m. and 6:00 a.m., prevailing time, a minimum fine of one hundred ($100.00) dollars shall be imposed after a finding or a plea of guilty.

k. Fail to produce and exhibit any permit from the Borough he/she claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

l. Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.

m. Expose or offer for sale any article or thing, nor shall he/she station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Borough.

n. 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 public lands or highways or roads adjacent to a park.

(1966 Code § 3-14.2; Ord. No. 1991-1 § 16).

Disorderly Conduct Criminal Charge in Belmar

While a police officer may charge an individual with an ordinance violation, it is more typical for the original charge and/or arrest to stem from an alleged violation of N.J.S.A. 2C:33-2.  A conviction under this criminal statute will result in an individual having a criminal record.  It is therefore important for an individual to take this charge seriously and retain a knowledgeable and experienced criminal defense lawyer.  In any case, the statute provides as follows:

2C:33-2. Disorderly Conduct.

a. Improper Behavior. A person is guilty of a petty disorderly persons offense, if with the purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

b. Offensive Language. A person is guilty of a petty disorderly persons offens if, in a public place, and with the purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively course or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

"Public" means affecting or likely to affect persons in a place to which public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.