Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of South River 9-10-1961 (Ch. 148 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 103.
Curfew — See Ch. 133.
Littering — See Ch. 214.
Parks and playgrounds — See Ch. 246.

§ 253-1 Specific acts prohibited.

[Amended 9-18-2006 by Ord. No. 2006-31]
No person shall, within the limits of the Borough of South River:
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, prohibiting public intoxication, was repealed 1-26-2009 by Ord. No. 2009-1.
B. 
Permit any house, shop, store or other building or structure owned or leased or occupied by him or her to be frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants, or permit any person to loiter or linger therein.
C. 
Commit or attempt to commit an assault or an assault and battery in either a public place or private place, or aid or assist or abet any person about to commit or attempt to commit an assault or an assault and battery.
D. 
Appear on any street or in any park or other public place or in public view in a state of nudity or in dress not belonging to his or her sex or in indecent or lewd apparel, or make any indecent exposure of his or her person, or commit or do any lewd or indecent act or behave in a lewd or indecent manner, or wear apparel that is used for swimming purposes other than in those areas designated by the Borough of South River for lawful bathing and swimming.
E. 
Throw any posters or paper, sticks, glass, metal or any hard, dangerous or offensive substance upon any sidewalk, street, highway or public place or at any car, vehicle, house building, fence or person.
F. 
Maliciously destroy, damage, deface or injure any property, public or private.
G. 
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating smoke or odor, or any smoke that may be vile, offensive, obnoxious or nauseating to any person.
H. 
Cause or permit to be emitted any smoke, fumes, gases, vapors, steam or other substances of such nature or of such quantity as to be injurious to life, health, plants, trees, produce of the soil, buildings or other property.
I. 
Go about from door to door or place himself or herself on any sidewalk, street, store or other public or private place or places to beg or gather alms without lawful authority.
J. 
Trespass upon lands owned or leased by the Borough of South River or belonging to the Board of Education of the Borough of South River or belonging to any board engaged in public works or recreation of the Borough of South River, or break or injure or deface such buildings or any part thereof or the fences or outbuildings belonging to or connected with such buildings or any part thereof upon any such lands, or disturb the exercises of any school or molest or annoy the children attending any school or any teacher or teachers therein.
K. 
Intentionally, willfully or maliciously destroy or injure any of the bulbs, globes, lights, wires, poles, equipment, bells, sirens, boxes or other apparatus or parts of the electrical distribution system, the fire alarm system, the Police Department or any of said items belonging to any board or any other property belonging to the Borough of South River, or intentionally, willfully or maliciously interfere with the same or hinder or impede any of the operations intended to be accomplished thereby, or intentionally cause or assist in causing a false alarm of fire to be given in any manner.
L. 
Hinder or obstruct any Borough officer in the performance of his duties; nor shall any person willfully refuse or neglect to assist any Borough officer, when lawfully called upon 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 any 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, serving or attempting to serve any writ, bill, order or process or when making any arrest, either with or without a warrant.
M. 
Maliciously tamper with, alter or plug up any culvert, drain, drainage ditch, storm sewer, manhole or catch basin.
N. 
Intentionally enter upon or trespass upon the land or property of another person or persons without permission so to do, or enter upon or trespass upon the land or property of another person or persons and damage, injure or deface any property thereon, or by any means damage, deface or injure the property of another.
O. 
Invade the privacy of any person by going upon private property of others by stealth and at night for the purpose of "peeping" through the windows, doors or other openings, thereby engaging in conduct associated with what is commonly known as a "Peeping Tom."
P. 
Upon apprehension, be unable to give a good account of himself, or be engaged in an illegal occupation or be in the Borough of South River for any unlawful purpose. In any prosecution under this subsection, the fact that the person apprehended cannot give a good account of himself or is engaged in an illegal occupation is prima facie evidence that he is present in this Borough for an unlawful purpose.
Q. 
No person shall engage in any sport, game or other activity which endangers or frightens persons in any public place.
[Added 6-22-2009 by Ord. No. 2009-25]

§ 253-2 Disorderly conduct prohibited.

All other riotous, indecent or disorderly conduct, breach of the peace and vagrancy not hereinbefore specifically mentioned is hereby prohibited.

§ 253-3 Word usage.

The term "person" as used in this chapter shall, wherever appropriate in connection with the context, include "corporation," "partnership," "association" and "individual," and shall include the plural. The masculine pronoun shall include the feminine.

§ 253-4 Disposition of fines.

All fines imposed and collected under and by virtue of this chapter shall be paid into the treasury of the Borough of South River.

§ 253-5 Violations and penalties.

A. 
Any person who shall violate any of the terms or provisions of this chapter or who shall commit or do any act or thing which this chapter prohibits shall, upon conviction thereof before the Judge of the Municipal Court, be punished as provided in Chapter 1, Article I, General Penalty.
[Amended 2-9-1977 by Ord. No. 1977-6]
B. 
Fines.
[Added 12-5-1990 by Ord. No. 1990-68]
(1) 
The following listed violations may be paid through the Violations Bureau of the South River Municipal Court without the necessity of a Court appearance, and the following fines shall be imposed:
Section
Explanation
Amount
253-1D
Urinating in public
$75
(2) 
In addition to the foregoing fines, the Municipal Court, in its discretion, may impose court costs consistent with those permissible in Municipal Court, as well as any surcharges as set forth by state statute.

§ 253-6 Smoking in Borough parks, sports fields, and recreation areas prohibited.

[Added 6-10-2013 by Ord. No. 2013-11]
A. 
Purpose. The following are the purposes of this section:
(1) 
The United States Surgeon General has determined that there is no safe level of exposure to secondhand smoke and that nonsmoking Americans exposed to secondhand smoke in public places are at significantly increased risk of heart disease and lung cancer (See United States Department of Health and Human Services, The Health Consequences of Involuntary Exposure to Tobacco Smoke; a report of the surgeon General, United States Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006.); and
(2) 
Smoking is the leading cause of death in the United States, and the United States Centers for Disease Control and Prevention has determined that reduction of the death and disease caused by tobacco use and exposure to secondhand smoke is one of six top national health care problems; and
(3) 
Pursuant to N.J.S.A. 40:48-1, the Borough is given the authority to adopt ordinances for the public health, safety and welfare of the Borough, its residents and guests; and
(4) 
The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) specifically authorizes local restrictions on smoking "equivalent to, or greater than those provided" in the NJSFAA for purposes of "protecting public health."
B. 
Definitions. As used in this section, the following terms shall have the following definitions:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
C. 
Smoking in Borough parks, sports fields and recreation areas prohibited. No person shall smoke while on the grounds of any and all Borough parks, sports fields, and recreation areas, whether owned, leased or utilized by the Borough.
D. 
Enforcement. Whenever the Health Officer or his or her designee or a law enforcement officer or a Borough Code Enforcement Officer observes or reasonably believes that there exists a violation of this section, he or she may issue a summons and complaint to the violator. The complaint shall be written and served on the violator. Citizens of the Borough may also bring private complaints for the violation of this section.
E. 
Violations and penalties. Any person found to be in violation of this section shall be subject to the fines and penalties set forth in Borough Code § 253-5.