Borough of Dunellen, NJ Chapter 208 Peace and Good Order

[HISTORY: Adopted by the Mayor and Council of the Borough of Dunellen 6-6-1927; amended in its entirety 9-20-2010 by Ord. No. 2010-13. Subsequent amendments noted where applicable.]

§ 208-1 Unlawful acts.

It shall be unlawful for any person to commit any of the following offenses within the Borough:

A. Disturbing the quiet of the Borough or of any lawful assembly of persons, or of any neighborhood, family or person within the Borough by using any profane, indecent or obscene language, or any indecent conduct whatever or by quarreling, assaulting, fighting or otherwise disturbing the public peace.

B. Intentionally obstructing, molesting, hindering, annoying, frightening or interfering with any other person upon the streets, parks, public or private place, or in any automobile, bus, or other means of transportation or conveyance, public or private.

C. Engaging in any conduct the purpose of which is to defraud or cheat any individual or entity within the Borough.

D. Keeping or causing or permitting to be kept a house, shop, room or place of any description in which any kind of disorder is made or permitted, to the alarm, annoyance or disturbance of the neighborhood, or in which persons assemble, or which place is injurious to the public health, public quiet or public morals, or which is used for the purpose of prostitution, or in which is kept any table or device of any kind upon or by which any game of chance or hazard shall be played, except in such cases as the table or device is used pursuant to a raffle license approved by the Borough Council.

E. Engaging in any riotous conduct, indecent conduct, breaches of the peace, vagrancy, begging, or prostitution in any street or alley or other public place in the Borough.

F. Knowingly causing a false alarm or fire or intentionally breaking or injuring or causing to be broken or injured any fire alarm box owned by the Borough or any streetlamp used or lighted by or rented to the Borough.

G. Fleeing or attempting to allude, on foot or by any other means, any police or law enforcement officer after having received any signal from such officer to halt or bring his or her vehicle to a full stop.

H. Resisting, obstructing or interfering with any Borough officer or official, including a member of an emergency services organization, in the performance of his or her duty, disobeying the lawful order or instructions of any such officer or official or, without good reason, refusing or neglecting to assist him or her in the performance of his or her duty when requested to do so.

I. Trespassing on private property and surreptitiously or sneakingly invading the privacy of another by peering into windows or other openings of dwelling places located thereon for no lawful purpose.

J. Willfully or maliciously torturing, tormenting, beating, kicking, striking, mutilating, injuring, disabling or killing any dog used by the Police Department of the Borough of Dunellen in the performance or duties of such Department or interfering with or meddling with any such dog while being used by said Department, or any member thereof, in the performance of any of the functions or duties of said Department or of any officer or member of said Department.

K. Insufficient funds.

(1) Individually or as agent or representative of another person, or as an officer or agent of any corporation, or a member of a partnership, with intent to defraud, making, drawing, uttering or delivering any check, draft or order for the payment of money in a sum not in excess of $100 upon any bank or other depository, knowing at the time of so doing that the maker or drawer has no funds or insufficient funds in, or credit with, such bank or other depository for the payment in full of such instrument upon its presentation although no express representation is made in reference thereto.

(2) The making, drawing, uttering or delivering of a check, draft or order as stated in the preceding 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 the bank or other depository.

L. Violations and penalties. Every person found guilty of any of the acts prohibited under this section shall, upon conviction, be punished as set forth in § 208-3, Maximum penalty.

§ 208-2 Shoplifting.

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

CONCEAL

To hide merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.

FULL RETAIL VALUE

The merchant's stated or advertised price of the merchandise.

MERCHANDISE

Any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.

MERCHANT

Any owner or operator of any store or other retail mercantile establishment or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor.

PERSON

Any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require.

PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT

Includes but is not limited to the retail mercantile establishment, any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such mercantile establishment.

SHOPPING CART

A pushcart of the type or types which are commonly provided by grocery stores, drugstores or other retail mercantile establishments for the use of the public in transporting merchandise in stores and markets and, incidentally, from the stores to a place outside the store.

STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT

A place where merchandise is displayed, held, stored or sold or offered to the public for sale.

UNDER-RING

To cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise.

B. Shoplifting prohibited. Shoplifting shall consist of any one or more of the following acts, which shall be prohibited within the Borough:

(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

(3) For any person purposely to alter, transfer or remove any label, price tag or marking indication of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5) For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.

(6) For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

(7) Violations and penalties. Every person found guilty of any of the acts prohibited under this section shall, upon conviction, be punished as set forth in § 208-3, Maximum penalty.

§ 208-3 Maximum penalty.

For violation of any provision of this chapter, any other chapter of this revision, or of any other ordinance of the Borough where no specific penalty is provided regarding the section violated, the maximum penalty shall, upon conviction of a violation, be one or more of the following:

A. A fine not exceeding $2,000;

B. Imprisonment for a period not exceeding 90 days; or

C. A period of community service not exceeding 90 days at the discretion of the Municipal Court Judge.