Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 7-27-1970 as Art. 14 of the 1969 Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES

Alcoholic beverages — See Ch. 105.

Curfew — See Ch. 154.

Dancing and dance halls — See Ch. 158.

False fire alarms — See Ch. 179.

Littering — See Ch. 242.

Noise — See Ch. 254.

Obscene materials — See Ch. 259.

§ 162-1
Definitions and word usage. 

§ 162-2
(Reserved) 

§ 162-3
Engaging in riot or disorderly assemblage. 

§ 162-4
Loitering. 

§ 162-5
Obstruction of passage; harassment; trespass. 

§ 162-6
Riotous and indecent conduct; breaches of the peace; vagrancy; prostitution. 

§ 162-7
Indecent books, pictures, plays and behavior. 

§ 162-8
Soliciting unlawful sexual intercourse or any indecent act. 

§ 162-9
Indecent conduct; vandalism; health hazards; disturbing the peace. 

§ 162-10
Indecent or lewd dress; exposure; sale or exhibition of lewd materials; immoral behavior. 

§ 162-11
Graffiti. 

§ 162-12
Disrobing in vehicle in public place. 

§ 162-13
Nude swimming. 

§ 162-14
Peeping into windows. 

§ 162-15
Keeping of disorderly house or house of ill fame. 

§ 162-16
Permitting building to be frequented by disorderly persons, prostitutes, gamblers or vagrants. 

§ 162-17
Disturbing schools. 

§ 162-18
Soliciting of alms. 

§ 162-19
Gambling. 

§ 162-20
Malicious damage of property and equipment. 

§ 162-21
Possession of weapons; unlawful intent. 

§ 162-22
Damaging notices and warning signs; driving on closed roads. 

§ 162-23
False alarms or reports; misrepresentation. 

§ 162-24
Damaging lights, wires, poles or fixtures in public places. 

§ 162-25
Littering; discharging sewage into waters; water pollution. 

§ 162-26
Throwing objects and discharging weapons. 

§ 162-27
Obstructing streets, sidewalks and other public places; exceptions. 

§ 162-28
Hindering or interfering with activities of firemen; obstructing passage of fire apparatus. 

§ 162-29
Interfering with proceedings of public or official agencies. 

§ 162-30
Obstructing or resisting police. 

§ 162-31
Unnecessary use of automobile horn; racing of motor; backfiring. 

§ 162-32
Fighting; participating in and inciting riots. 

§ 162-33
Sale, consumption and distribution of alcoholic beverages. 

§ 162-34
Fines to be paid into Town treasury. 

§ 162-35
Obstruction of pedestrians; failure to comply. 

§ 162-36
Violations and penalties. 

§ 162-37
Prohibited acts at public events; violations and penalties. 

§ 162-1 Definitions and word usage.

§ 162-2 (Reserved)

§ 162-3 Engaging in riot or disorderly assemblage.

§ 162-4 Loitering.

§ 162-5 Obstruction of passage; harassment; trespass.

§ 162-6 Riotous and indecent conduct; breaches of the peace; vagrancy; prostitution.

§ 162-7 Indecent books, pictures, plays and behavior.

§ 162-8 Soliciting unlawful sexual intercourse or any indecent act.

§ 162-9 Indecent conduct; vandalism; health hazards; disturbing the peace.

§ 162-10 Indecent or lewd dress; exposure; sale or exhibition of lewd materials; immoral behavior.

§ 162-11 Graffiti.

§ 162-12 Disrobing in vehicle in public place.

§ 162-13 Nude swimming.

§ 162-14 Peeping into windows.

§ 162-15 Keeping of disorderly house or house of ill fame.

§ 162-16 Permitting building to be frequented by disorderly persons, prostitutes, gamblers or vagrants.

§ 162-17 Disturbing schools.

§ 162-18 Soliciting of alms.

§ 162-19 Gambling.

§ 162-20 Malicious damage of property and equipment.

§ 162-21 Possession of weapons; unlawful intent.

§ 162-22 Damaging notices and warning signs; driving on closed roads.

§ 162-23 False alarms or reports; misrepresentation.

§ 162-24 Damaging lights, wires, poles or fixtures in public places.

§ 162-25 Littering; discharging sewage into waters; water pollution.

§ 162-26 Throwing objects and discharging weapons.

§ 162-27 Obstructing streets, sidewalks and other public places; exceptions.

§ 162-28 Hindering or interfering with activities of firemen; obstructing passage of fire apparatus.

§ 162-29 Interfering with proceedings of public or official agencies.

§ 162-30 Obstructing or resisting police.

§ 162-31 Unnecessary use of automobile horn; racing of motor; backfiring.

§ 162-32 Fighting; participating in and inciting riots.

§ 162-33 Sale, consumption and distribution of alcoholic beverages.

§ 162-34 Fines to be paid into Town treasury.

§ 162-35 Obstruction of pedestrians; failure to comply.

§ 162-36 Violations and penalties.

§ 162-37 Prohibited acts at public events; violations and penalties.

§ 162-1 Definitions and word usage.

A. 

The words "persons," "person," "his" or "her" as used in this chapter shall be construed, wherever appropriate to the context, to include corporations. The singular number as used herein shall include the plural.

B. 

As used in this chapter, the following terms shall have the meanings indicated:

DISORDERLY ASSEMBLAGE
Any two or more persons gathered together and acting in a boisterous, noisy, riotous, offensive, disorderly or threatening manner toward each other or others or committing any act or acts which in any way breach or disturb the peace or tend to breach or disturb the peace.
DISORDERLY HOUSE
Any building or structure or any part thereof which is used for gambling or which is frequented by prostitutes, criminals, gamblers, vagrants or persons violating the law or in which the law is habitually violated.
HOUSE OF ILL FAME
Any building or structure or any part thereof in which prostitution, lewdness or other unlawful sexual acts are permitted.

§ 162-2 (Reserved)

Editor's Note: Former § 162-2, Drunkenness and disorderly behavior, was repealed 9-23-2008 by Ord. No. 30-2008.

§ 162-3 Engaging in riot or disorderly assemblage.

No person shall engage in any riot, public disturbance or disorderly assemblage.

§ 162-4 Loitering.

[Amended 5-8-1972]
A. 

Definitions. As used in this section, the following terms shall have the meanings indicated:

LOITERING
Remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly and shall also include the colloquial expression "hanging around."
PARENT OR GUARDIAN
Any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access and shall include any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business and public grounds, areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or in the case of a minor, not owned or under the control of his parent or guardian.
B. 

Certain types of loitering prohibited. No person shall loiter in a public place in such manner as to:

(1) 

Create or cause to be created a danger of a breach of the peace.

(2) 

Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.

(3) 

Obstruct the free passage of pedestrians or vehicles.

(4) 

Obstruct, molest or interfere with any person lawfully in any public place as defined in Subsection A. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.

C. 

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 B, he may, if he 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 chapter.

D. 

Loitering by minors. No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this chapter.

E. 

Notice of violation. Whenever any minor under the age of 18 years is charged with a violation of this chapter, his parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.

F. 

Presumption. If, at any time within 30 days following the giving of notice as provided in Subsection E, the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.

§ 162-5 Obstruction of passage; harassment; trespass.

Editor's Note: See also § 162-35, Obstruction of pedestrians; failure to comply.

No person shall willfully obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere with any other person or persons lawfully upon any public thoroughfare or in any public place or in any automobile, bus or other public or private conveyance lawfully upon any public thoroughfare; nor shall any person loiter upon any public thoroughfare or in any public place or in any automobile, bus or other public or private conveyance upon any public thoroughfare; nor shall any person trespass upon the property of another without permission of the owner, occupant or lessee.

§ 162-6 Riotous and indecent conduct; breaches of the peace; vagrancy; prostitution.

All other riotous conduct, indecent conduct, breaches of the peace, vagrancy and prostitution not herein mentioned are hereby prohibited within the Town of Dover.

§ 162-7 Indecent books, pictures, plays and behavior.

Editor's Note: See also Ch. 259, Obscene Materials.

No person shall sell or offer to sell any lewd or indecent picture, book, device or thing or exhibit or perform or cause to be exhibited or performed any lewd, immoral or indecent dance, show, play or other presentation.

§ 162-8 Soliciting unlawful sexual intercourse or any indecent act.

No person shall, by word, act, sign or other device, invite, solicit or aid or abet in inviting or soliciting unlawful sexual intercourse or any other unlawful, lewd, indecent or lascivious act.

§ 162-9 Indecent conduct; vandalism; health hazards; disturbing the peace.

All acts constituting lewd, immoral or indecent conduct, unlawful destruction of property, willful injuries to or unlawful interference with persons, hazards to the public health and breaches or disturbances of the peace not expressly hereinbefore mentioned are severally prohibited.

§ 162-10 Indecent or lewd dress; exposure; sale or exhibition of lewd materials; immoral behavior.

No person shall appear in any street or public place in a state of nudity or in a dress not belonging to his or her sex or in any indecent or lewd dress; or shall make any indecent exposure of his or her person; or be guilty of exhibiting or selling or offering for sale any lewd or indecent book, picture or thing; or shall exhibit or perform any indecent, immoral or lewd play or either representation or behave in a lewd or indecent manner.

§ 162-11 Graffiti.

[Amended 7-10-2001 by Ord. No. 19-2001]
A. 

No person shall commit an act of graffiti within the Town of Dover.

B. 

For the purposes of this chapter, "act of graffiti" means the drawing, painting, or the making of any inscription on a bridge, building, public transportation vehicle, block, wall, sidewalk, street, or other exposed surface on public or private property without the permission of the owner. There is hereby provided a reward of $500 for the detection and apprehension of any person guilty of purposely or knowingly damaging tangible property of another by an act of graffiti in violation of N.J.S.A. 2C:17-3. The reward is to be payable after conviction. The reward shall be paid to any person through the governing body, acting upon the recommendation of the Chief of Police, whom they deem entitled thereto. No reward, however, shall be paid to any public employee whose duty it is to investigate or to enforce the law or to the employee's spouse, child or parent, living in the same household.

§ 162-12 Disrobing in vehicle in public place.

No person shall, within the limits of the town, disrobe in any automobile, truck or vehicle while the same is upon any public parking place, street, road, avenue, public park or other public place.

§ 162-13 Nude swimming.

No person shall, within the limits of the town, bathe in a state of nudity, swim in a state of nudity or be found in a state of nudity in the waters of any pond, stream or lake or in waters adjacent thereto.

§ 162-14 Peeping into windows.

No person shall, intentionally and willfully, look into any window, door or other opening of any house or building with the intention of looking at or watching any person or persons partially or completely disrobed therein or engage in the practice of what is commonly known as a "peeping tom."

§ 162-15 Keeping of disorderly house or house of ill fame.

No person shall, within the limits of the town, permit any house, shop, store or other building owned or occupied by him or her to be frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.

§ 162-16 Permitting building to be frequented by disorderly persons, prostitutes, gamblers or vagrants.

No person shall, within the limits of the town, keep or maintain a disorderly house or a house of ill fame or allow or permit any house, shop, store or other building or structure owned or occupied by him or her to be used as a disorderly house or house of ill fame.

§ 162-17 Disturbing schools.

No person shall disturb the exercises of any school or molest or give annoyance to children attending such school or any teacher therein.

§ 162-18 Soliciting of alms.

No person shall, within the limits of the town, go about from door to door or place himself or herself on any sidewalks, street or streets or other public place or places to beg or gather alms, unless said person shall first register with the Chief of Police of the Town of Dover and unless said person shall have a permit from the proper authorities if said permit is required by law.

Editor's Note: See Ch. 273, Peddling and Soliciting.

§ 162-19 Gambling.

[Amended 7-26-1988 by Ord. No. 22-1988]
A. 

Gambling in public places or places to which the public is invited is hereby declared to be a prohibited act and a nuisance.

B. 

"Gambling" is defined to mean staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the actor's control or influence, upon any agreement or understanding that he or she will receive something of value in the event of a certain outcome. "Something of value" means any money or property, any token, object or article exchangeable for money or property or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge. "Contest of chance" means any contest, game, pool, gambling scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants or some other person may also be a factor therein.

§ 162-20 Malicious damage of property and equipment.

A. 

No person shall, within the limits of the town, maliciously destroy, damage, deface or injure any property, public or private, other than his own.

B. 

No person shall intentionally, willfully or maliciously destroy or injure any of the wires, posts, machines, bells, sirens, boxes, locks or other apparatus of any police call system or fire alarm system.

§ 162-21 Possession of weapons; unlawful intent.

No person shall conduct himself or herself in or about the Town of Dover having concealed upon him or her any picklock, key, crow, jack, bit or other implement with an intent to break or enter into any building or shall have upon him or her any pistol, hanger, cutlass, bludgeon or other offensive or dangerous weapon, nor shall any person be apprehended having upon him or her, whether concealed or not, any of the foregoing articles or things with the intent of committing any unlawful act, nor shall any person be found in or near any dwelling, house, warehouse, stable, barn, coach house, garage, smokehouse or any place of public resort or assemblage for business, worship or amusement or other lawful purpose with intent to steal any goods or chattels; provided, however, that this section shall not apply to law officers and other persons duly authorized under certain statutes of this state to carry proper weapons of defense. Possession of any of the foregoing articles on a public thoroughfare shall be prima facie evidence of such intent.

§ 162-22 Damaging notices and warning signs; driving on closed roads.

No person shall mutilate or move any notice or damage, destroy or remove any warning sign or signal or remove any barricade placed or posted on any highway in connection with or relating to the closing of any road; drive any vehicle over or upon the closed portion of any highway; or violate any rule or regulation for the use of any highway.

§ 162-23 False alarms or reports; misrepresentation.

Editor's Note: See also Ch. 179, False Fire Alarms.

No person shall willfully and maliciously give or cause to be given a false alarm of fire in any manner or a false or fictitious police call in any manner; nor shall any person willfully and maliciously make a false or fictitious report to any member of the Police or Fire Department of the Town of Dover in any manner; nor shall any person willfully and maliciously represent himself in any telephone conversation to be another person or a fictitious person.

§ 162-24 Damaging lights, wires, poles or fixtures in public places.

No person shall injure or damage any lights, wires, poles or fixtures lawfully in or upon any street or other public place.

§ 162-25 Littering; discharging sewage into waters; water pollution.

Editor's Note: See also Ch. 242, Littering.

No person shall, within the limits of the town, throw or discard any tin cans, bottles, garbage or refuse of any kind whatsoever on any public street or park or into the waters of any pond, stream or lake or into waters adjacent thereto or discharge any sewage or waste into said waters or any of them or pollute said waters or any of them in any manner whatsoever.

§ 162-26 Throwing objects and discharging weapons.

No person shall throw any stone, stick, glass, metal or other hard or offensive substance or shoot any revolver, pistol, gun, air gun, slingshot or other device at, into or upon any street or other public or quasi-public place or into any cars, vehicles or private property not his own.

§ 162-27 Obstructing streets, sidewalks and other public places; exceptions.

No person shall unnecessarily obstruct any sidewalk, street, alley or public place in the Town of Dover with any kind of vehicle or vehicles or with box or boxes, lumber, wood or any other thing; but the provisions of this section shall not prevent persons who are building from temporarily occupying such portion of the sidewalk, street, alley or public place where a building permit has been properly issued for the construction of said building.

§ 162-28 Hindering or interfering with activities of firemen; obstructing passage of fire apparatus.

No person shall, during an alarm of fire, willfully hinder, prevent or deter in any manner or by any device whatsoever any fireman or other persons from rendering lawful assistance in abating or quelling such fire or willfully hinder or interfere with any fireman from going to or returning from the place where any buildings or other property is on fire or from which an alarm proceeds; nor shall any person hinder or obstruct the passage of any fire engine, hook and ladder truck or any fire apparatus in going to or from the place from which an alarm of fire proceeds or where any building or other property may be burning.

§ 162-29 Interfering with proceedings of public or official agencies.

No person shall interfere with, hinder, disturb or obstruct the proceedings, functions or deliberation of any public or official body of the town.

§ 162-30 Obstructing or resisting police.

No person shall hinder or obstruct any officer of the law in the performance of his duties; nor shall any person willfully refuse or neglect to assist any officer of the law when lawfully called upon him to do so, in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or in case of an escape, or when such officer is resisted in the discharge of his duty; nor shall any person knowingly resist or oppose any officer or person authorized by law in serving or attempting to serve any writ, bill, order or process or when lawfully making any arrest.

§ 162-31 Unnecessary use of automobile horn; racing of motor; backfiring.

No person shall unnecessarily use the horn or other warning device of any vehicle so as to cause the horn or other warning device to emit an unreasonably loud or harsh sound or whistle. No person shall unnecessarily engage in the racing of any motor of any motor vehicle so as to cause said motor to emit any unreasonably loud sound; nor shall any person cause the motor of any motor vehicle to backfire.

§ 162-32 Fighting; participating in and inciting riots.

No person shall willfully engage in any fight, assault, quarrel, brawl, battery or altercation; nor shall any person participate in or incite by overt act or acts any disturbance or riot or any unruly, boisterous, noisy, unlawful or disorderly assemblage constituting a breach or disturbance of the peace.

§ 162-33 Sale, consumption and distribution of alcoholic beverages.

Editor's Note: For current provisions, see Chapter 105, Alcoholic Beverages.
A. 

No person shall sell or distribute any alcoholic beverages or sell or distribute the same for consumption on the premises without having the proper license to do so.

B. 

No person shall consume, sell or distribute any bootlegged or unlicensed alcoholic beverages or alcoholic beverages obtained from unlicensed sources or upon which the legal taxes have not been paid.

C. 

No person shall sell or distribute any alcoholic beverages to a minor.

§ 162-34 Fines to be paid into Town treasury.

All fines imposed and collected under and by virtue of this chapter shall be paid into the treasury of the Town of Dover.

§ 162-35 Obstruction of pedestrians; failure to comply.

Editor's Note: See also § 162-5, Obstruction of passage; harassment; trespass.
[Added 8-9-1994 by Ord. No. 26-1994]
A. 

It shall be unlawful for any person to conduct himself or herself in such a manner as to:

(1) 

Obstruct the free passage of pedestrians or physically or likely obstruct, molest or interfere with any person lawfully in a public place.

(2) 

Obstruct the free passage of pedestrians by sitting, laying and/or reclining on the sidewalks.

B. 

It shall be a prerequisite to any charge of violation hereof that the actor has been first directed by a police or other peace officer to move on and to have refused to obey direction.

§ 162-36 Violations and penalties.

[Amended 5-28-1996 by Ord. No. 19-1996; 4-9-2002 by Ord. No. 11-2002]

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,250, imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days.

§ 162-37 Prohibited acts at public events; violations and penalties.

[Added 7-11-1995 by Ord. No. 22-1995]
A. 

Definitions. As used in this section, the following terms shall have the meanings indicated:

CANINE
An animal of the dog family.
PUBLIC EVENT
Indoor or out-of-door activity sponsored either by the Town of Dover or any of its agencies, commissions or departments; or by a private organization which is open to all.
B. 

Canines prohibited; exception.

(1) 

No owner or other person shall attend a public event with a canine.

(2) 

The provisions of this subsection shall not apply to individuals who are visually impaired.

C. 

It shall be unlawful to bicycle, rollerblade, rollerskate, skateboard and/or utilize a scooter in areas in which public activities/events are being held.

[Amended 7-10-2001 by Ord. No. 14-2001]

D. 

It shall be a prerequisite to any charge of violation hereof that the individual has first been directed by a police officer to move on or to cease and desist and to have refused to obey the police officer's direction.

E. 

Any person violating this section shall, upon conviction thereof, be subject to a fine not exceeding $100.

F. 

Section 162-37 is enforceable by the Dover Police Department, the Health Officer and Health Inspectors of the Town of Dover, Animal Control Officers, Code Enforcement Officers and any other officers assigned by the Town of Dover.

[Amended 6-14-2011 by Ord. No. 8-2011]