Borough of Fair Lawn, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Fair Lawn 12-19-2000 by Ord. No. 1833-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 53.
Alcoholic beverages — See Ch. 56.
Noise — See Ch. 150.
Public health nuisances — See Ch. 173.
No person shall, within the limits of the Borough, commit the offenses listed in this chapter.
[Added 5-13-2014 by Ord. No. 2314-2014]
A. 
Purpose. This section prohibits open fires and the use of any ignition source, including fireworks, lighters, matches, and smoking materials, in all parks within the Borough of Fair Lawn.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIREWORKS
Shall have the same meaning as found in Title 21, Chapter 3, of the New Jersey State statutes.
HAZARDOUS ENVIRONMENTAL CONDITIONS
Extreme dryness or lack of moisture, windy conditions, the presence of dry weeds, other vegetation or any combination thereof and secondhand smoke.
IGNITION SOURCE
Fireworks, lighters, matches, smoking materials, and similar means used to ignite fire.
C. 
Areas affected. The governing body has determined that the subject areas of the prohibition shall be all parks.
D. 
Exceptions. This section is not intended to prohibit the use of outdoor, permanently installed grills located at Memorial Pool or to prohibit the use of fireworks wherein the proper permits and/or licenses have been secured.
[1]
Editor's Note: Former § 162-2, Person intoxicated or disorderly, was repealed 5-26-2009 by Ord. No. 2152-2009.
No person shall loiter on any sidewalk, street, road, avenue or other public place or in or about any public building, school house, store or place of amusement, nor utter any loud and offensive or indecent language or make offensive remarks to any person passing along or being upon any such sidewalk, street, road, avenue or other public place or obstruct or interfere with any person lawfully being upon any of the same.
No person shall throw or discard any tin cans, bottles, garbage or refuse of any kind whatsoever into the waters of any pond, stream, lake or river or upon the public street or public place or discharge any sewage or waste into waters or places or any of them to pollute the waters in any manner.
No person shall make, cause or suffer or permit to be made, or cause on any premises owned, occupied or controlled by him or it, or upon any public street, alley or thoroughfare in this Borough, the accumulation of garbage, refuse, manure or animal or vegetable matter which is hazardous to the health or comfort of any of the inhabitants in the Borough.
No person shall place or cause to be placed any obstruction of any kind whatsoever in any stream, pond, spring or lake so as to interfere with the natural flow or change the course thereof in any manner whatsoever without first obtaining the necessary permit so to do.
No person shall throw any paper or posters, stones, 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.
No person shall appear on any street, road, avenue, park or other public place in a state of nudity, 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.
No person shall disrobe in any automobile, truck or vehicle while the same is upon any parking place, street, road, avenue, park or other public place.
No person shall sell or offer to sell any indecent picture, book or thing or exhibit or perform any indecent, immoral or lewd play or other representation.
No person shall 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.
No person shall solicit, invite or in any manner suggest by word of mouth or any writing or other communication or by any device whatsoever any lewd, lascivious or other immoral act.
No person shall permit any house, shop, store or other building or structure 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.
No person shall maliciously destroy, damage or injure any property, public or private.
No person shall deal, play or engage in faro, roulette, dice, cards or other device or game of chance, for money, or buy or sell what is commonly known as a "pool," or any interest or share in any such pool, or shall make or take what is commonly known as a "book," upon the running, pacing or trotting of any horse, mare, gelding or other animal, or any game, race or contest or have in possession any ticket, slip or other writing or printing, of any interest or share, or showing or indicating an interest, share, bet or pledge, in any pool, lottery, racing contest or other game of chance, or shall keep or attend a place to which persons may resort for engaging in any such acts, or for betting upon the event of any horse race or other race or contest, or for gambling in any form, and no person shall aid, abet, assist or participate in any such pool, lottery, race or other contest or game of chance. This section shall not be construed to apply to the holding and operation of games of chance commonly known as "bingo" or "lotto" under the provisions of the Bingo Licensing Law, and the holding and operation of games of chance commonly known as a "raffle" or "raffles" under a license duly issued under the provisions of the Raffles Licensing Law.[1]
[1]
Editor's Note: See N.J.S.A. 5:8-50 et seq.
No person shall cause or permit to be emitted any dense smoke which contains soot or other substances in sufficient quantities to permit the deposit of such soot or other substances on any surface within the limits of the Borough.
No person shall cause or permit to be emitted any vile, offensive, obnoxious or nauseating odor, or any odor that may be vile, offensive, obnoxious or nauseating to any of the residents of the Borough.
No person shall remove, change, alter, obstruct, destroy, tap, shut off or interfere in any way whatsoever with any water or sewer line or any utility or any mechanical device connected thereto on any property, either public or private, within the Borough without having obtained permission from the proper authorities.
No person shall carry, without lawful authority, any revolver, pistol or other firearm or other instrument of the kind known as a blackjack, sling shot, blow gun or similar device, billy sand club, sandbag, bludgeon, metal knuckles, dagger, dirk, dangerous knife, stiletto, bomb or other high explosive concealed in or about his or her clothes or person or in any portable vehicle, carriage, motorcycle or other vehicle.
No person shall possess, keep, sell or distribute firecrackers, Roman candles, sky rockets or any fireworks of any explosive nature commonly used as fireworks display, also the use and shooting of said fireworks, etc., unless permission is granted by the proper authorities.
No person shall have upon his or her person or in his or her possession any pick lock, key, crow, jack bit or other implement with any intent to break and enter into any building.
No person shall go about from door to door or place himself or herself on any sidewalk, street or store or other public or private place or places to beg or gather alms without lawful authority.
No person shall enter any building or any public or private lands and break, injure or deface such buildings or any part thereof or the fences, outhouses or other property belonging to or connected with such building or lands or disturb the exercises of any public school or molest or give annoyance to children attending such school or annoy any teachers therein.
No person shall unnecessarily obstruct any sidewalk, street or public place with any kind of vehicle or vehicles or with any kind of box or boxes, lumber, wood or other thing; but the provisions of this subsection shall not prevent persons who are building from occupying such portion of the sidewalk, street or public place designated in a permit therefor first obtained from the Building Inspector.
No person shall intentionally, willfully or maliciously destroy or injure any of the wires, posts, machines, bells, sirens, boxes, box or other apparatus of any police or fire alarm system or intentionally, willfully or maliciously interfere with the same or any part thereof 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.
No person shall hinder, prevent or deter by any device whatever any fireman or other person from rendering lawful assistance in abating or quenching a fire or hinder or interfere with any firemen going to or returning from any fire or place from which a fire alarm proceeds or hinder or obstruct any fire engine, hook and ladder truck, hose cart or other fire apparatus going to or from any place from which a fire alarm proceeds or where any building or property may be burning.
No person shall intentionally enter upon or trespass upon the land or property of any person without permission so to do.
No person shall invade the privacy of any person by going upon the private property of others by stealth and at night for the purpose of peeping through windows, doors or other openings, thereby engaging in conduct associated with what is commonly known as a "Peeping Tom."
No person shall refuse or fail to obey the lawful orders of any policeman or to exhibit his driver's license or registration certificate while operating a motor vehicle or any way interfere with or obstruct a policeman in the performance of his duty.
All other riotous, indecent or disorderly conduct, breach of the peace and vagrancy not hereinabove specifically mentioned are hereby prohibited.
[Added 2-11-2002 by Ord. No. 1889-2002[1]]
A. 
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits a violation of this chapter. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a postdated check or order) would not be paid, if:
(1) 
The issuer had no account with the drawee at the time the check or order was issued; or
(2) 
Payment was refused by the drawee for lack of funds, upon presentation within 30 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.
B. 
An offense under this section is a violation of this chapter if the check or money order is less than $200.
[1]
Editor's Note: This ordinance also redesignated former § 162-31 as § 162-33.
[Added 2-11-2002 by Ord. No. 1889-2002[1]]
A. 
Definitions. The following definitions apply to this section. As used in this section, the following terms shall have the meanings indicated:
CONCEAL
To conceal 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 retail mercantile establishment.
SHOPPING CART
Those push carts 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 commodities 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.
UNDERRING
To cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise.
B. 
Shoplifting. Shoplifting shall consist of any one or more of the following acts:
(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 indicia 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 merchandise 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 underring 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 the 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.
C. 
Gradation. Shoplifting is a violation of this chapter if the full retail value of the merchandise is less than $200.
D. 
Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.
E. 
Enforcement.
(1) 
A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.
(2) 
Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.
(3) 
A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.
F. 
Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of violating this chapter.
[1]
Editor's Note: This ordinance also redesignated former § 162-32 as § 162-34.
All fines imposed and collected under and by virtue of this section shall be paid into the treasury of the Borough.
Any person found guilty in the Municipal Court of the Borough for violation of the terms of this chapter shall be subject to the penalty as stated in Chapter 1, Article III, General Penalty Provisions.