[HISTORY: Adopted by the Borough Council
of the Borough of Haledon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-26-1968 by Ord. No. 8-12-68B (Ch. 86 of the 1984 Code)]
Under the provisions of N.J.S.A. 2A:48-1 et
seq., the Mayor is charged with the responsibility of taking all legal
means to protect the property attacked or threatened by reason of
mobs or riots. Under the provisions of N.J.S.A. 40:48-1, Paragraph
6, the governing body of every municipality in the State of New Jersey
is given the authority to make, amend, repeal and enforce ordinances
to preserve the public peace and order and to prevent and quell riots,
disturbances and disobedient assemblages. It is hereby found and determined
to be necessary and in the best interest of the Borough of Haledon
that appropriate power be vested in the Mayor to discharge the statutory
duty to protect property or persons attacked or threatened by mobs
or riots.
Whenever in the judgment of the Mayor or, in
the event of his inability to act, the President of the Council, it
is determined that an emergency exists as a result of mob action or
other civil disobedience or damage to persons or property, he shall
have power to impose by proclamation any or all of the following regulations
necessary to preserve the peace and order of the Borough:
A.
To impose a curfew upon all or any portion of the
Borough, thereby requiring all persons in the designated curfew areas
to forthwith remove themselves from the public streets or other public
places; provided, however, that persons performing essential public
services may be exempt from such curfew. In addition, thereto, the
Mayor shall have the power to prohibit the assemblage or presence
of any person or persons during designated hours and in the areas
designated.
B.
To order to be closed any business establishment within
the Borough for the duration of the declaration of emergency, such
businesses to include but not be limited to those selling intoxicating
liquors, gasoline or firearms.
C.
To designate any public street, thoroughfare or vehicle
parking area closed to motor vehicles or pedestrian traffic.
D.
To call upon regular and auxiliary law enforcement
agencies and organizations within or without the Borough to assist
in preserving and keeping the peace within the Borough.
E.
To issue such other orders as are imminently necessary
for the protection of life and property.
The proclamation of emergency provided for herein
shall become effective upon its issuance. A copy of the proclamation
shall be posted at the Municipal Building and at police headquarters.
Additionally, notice of the proclamation shall be given to persons
assembled in the Borough by such means as shall be appropriate under
the circumstances then existing. In addition thereto the Borough shall
take such steps as are necessary to ensure the widest dissemination
of the notice of proclamation which is reasonably possible under the
circumstances.
Any emergency proclaimed in accordance with
the provisions of this chapter shall terminate after 48 hours from
the issuance thereof or upon the issuance of a proclamation determining
the emergency to have terminated, whichever occurs first; provided,
however, that the declaration of emergency may be extended for such
additional periods of time as determined necessary by the Mayor or,
in the event of his inability to act, the President of the Council.
Any person who shall willfully fail or refuse
to comply with the orders of any duly authorized law enforcement officer
or person charged with the responsibility of enforcing the proclamation
of emergency authorized herein, or who shall otherwise fail to comply
with the terms of the emergency proclamation, shall be deemed guilty
of a violation of this chapter and, upon conviction thereof, shall
be imprisoned in the county jail for a term not exceeding 90 days
or shall forfeit and pay a fine not exceeding $500, or both.
[Adopted 2-21-2008 by Ord. No. 2-07-2008[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Disorderly Conduct, adopted 6-13-1984 by Ord. No.
5-9-84E (Ch. 156 of the 1984 Code), as amended.
It is hereby found and declared that it is the
public policy of the Borough of Haledon to maintain orderly conduct
within the boundaries of the Borough of Haledon so as to foster and
protect the public health, comfort, safety and welfare of its citizens.
As a matter of legislative determination and public policy, the provisions,
regulations and prohibitions of this article are in pursuance of and
for the purpose of securing and promoting the comfort, peace and quiet
to which the residents of the Borough of Haledon are entitled.
No person shall make, continue or cause or permit
to be made or continued any unnecessary noise.
A.
Unless exempted under the provisions of this Code
or by operation of law, no person shall cause to be made, directly
or indirectly, any loud noise which disturbs, injures or endangers
the health, comfort, safety or welfare of others within the Borough
of Haledon.
B.
The following specific acts are recognized to be of
a nature that cannot be effectively or reasonably measured with mechanical
sound-measuring devices and are declared to be loud, disturbing and
unnecessary noises in violation of this article, but said enumeration
shall not be deemed to be exclusive:
(1)
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle, bus, truck
or other vehicle on any street, road or public place, except as a
warning pursuant to the provisions of N.J.S.A. 39:3-69, or whistle
or other device operated by engine exhaust and the use of any such
signaling device when traffic is held up for any reason.
(2)
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets at any time or place so
as to annoy or disturb the quiet, comfort or repose of persons in
any office, dwelling or other type of residence or of any persons
in the vicinity.
The prohibitions contained in this article shall
not apply to persons:
A.
Who are engaged in the performance of any public or
governmental function, such as the sounding of a church or school
bell or a police, fire, ambulance, air raid or like disaster warning,
alert or alarm, whether such alarm be for an actual emergency purpose
or for practice or drilling purposes.
B.
Who are engaged in a religious, charitable, recreational,
civic or political activity by means of a sound truck or other amplifying
device for nonprofit purposes, provided that such persons shall have
first obtained a permit from the Borough of Haledon, upon written
application setting forth the sponsorship, date, hours and routes
of such activity. The Council shall not issue such permit unless,
having considered the date, time and route, it shall determine that
the noise created by such activity shall not cause undue discomfort
to the public.
C.
Who are engaged in any activity specifically permitted
or required by any ordinance, resolution, statute or governmental
regulation.
D.
Who are employed by public utility companies engaged
in emergency repair services between the hours of 6:00 p.m. and 8:00
a.m.; provided, however, that such noise does not exceed levels reasonably
necessary to accomplish such work.
Urinating and/or defecating on any street, sidewalk
or any other public place in the Borough of Haledon is hereby prohibited.
Any person who shall violate any of the provisions
of this article or any order promulgated hereunder shall, upon conviction,
be punished by a fine not to exceed $500 or by imprisonment for a
period not to exceed 90 days, or by both such fine and imprisonment.
