[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 12-19-2000 by Ord. No. 1833-2000. Amendments noted where
applicable.]
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.
FIREWORKS
HAZARDOUS ENVIRONMENTAL CONDITIONS
IGNITION SOURCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall have the same meaning as found in Title 21, Chapter
3, of the New Jersey State statutes.
Extreme dryness or lack of moisture, windy conditions, the
presence of dry weeds, other vegetation or any combination thereof
and secondhand smoke.
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or disorderly, was repealed 5-26-2009 by Ord.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.
[Added 2-11-2002 by Ord. No. 1889-2002[1]]
A.
CONCEAL
FULL RETAIL VALUE
MERCHANDISE
MERCHANT
PERSON
PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT
SHOPPING CART
STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT
UNDERRING
Definitions. The following definitions apply to this
section. As used in this section, the following terms shall have the
meanings indicated:
To conceal merchandise so that, although there may be some
notice of its presence, it is not visible through ordinary observation.
The merchant's stated or advertised price of the merchandise.
Any goods, chattels, foodstuffs or wares of any type and
description, regardless of the value thereof.
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.
Any individual or individuals, including an agent, servant
or employee of a merchant where the facts of the situation so require.
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.
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.
A place where merchandise is displayed, held, stored or sold
or offered to the public for sale.
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.
All fines imposed and collected under and by
virtue of this section shall be paid into the treasury of the Borough.
