[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.]
[Amended 9-18-2006 by Ord. No. 2006-31]
No person shall, within the limits of the Borough
of South River:
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]
All other riotous, indecent or disorderly conduct,
breach of the peace and vagrancy not hereinbefore specifically mentioned
is hereby prohibited.
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.
All fines imposed and collected under and by
virtue of this chapter shall be paid into the treasury of the Borough
of South River.
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.
[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.
ELECTRONIC SMOKING DEVICE
SMOKING
Definitions. As used in this section, the following terms shall have
the following definitions:
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.
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.
