Borough of Hasbrouck Heights, NJ Article I General Regulations

[Adopted 8-20-1928 by Ord. No. 418, amended in its entirety 5-29-1990 by Ord. No. 1538]

§ 198-1 Definitions.

The singular number, when used herein, includes the plural, unless otherwise expressed. The masculine gender, when used herein, includes the feminine gender. As used in this article, the following terms shall have the meanings indicated:

PERSON

A corporation, firm or individual, unless another meaning is herein clearly expressed.

§ 198-2 Prohibited acts.

The following acts are prohibited:

A. No person shall, by any word or act or otherwise, intentionally participate in or aid, abet or assist in a disorderly assemblage.

B. No person shall solicit from house to house or in any public street, park or public place the gift of money, clothing or other thing for his own use.

C. No person shall conduct, take part in or aid or abet in a cockfight, dogfight or any unlawful prizefight or boxing contest.

D. No person shall shoot or hunt for any game nor discharge or use any firearm or gun, Flobert rifle, bean shooter, slingshot, slug, air rifle, BB gun, crossbow or bow and arrow on any street or public place.

E. No person shall drive a motor vehicle or any other vehicle over any hose or fire apparatus equipment.

F. No person shall park a vehicle closer than 200 feet to the scene of a fire while the Fire Department is in charge of extinguishing a fire.

G. No person shall permit himself to be closer than 100 feet to the scene of a fire which the Fire Department is in charge of extinguishing unless such person is a regular member of the Fire Department, a public official or a person having some personal interest in the premises or property affected by the fire.

H. No person, other than a public official in the performance of his official duties, shall post, paint or fasten any notice or advertisement upon any private wall, building, gate, fence or signboard or upon any rocks or structures without the consent of the owners thereof.

I. No person shall post, paint or fasten any notice, sign, placard, poster, billboard, bill or advertisement upon any curbstone, sidewalk, retaining wall, pole, tree or elsewhere in a public street or public place except for such traffic signs as may be otherwise authorized or required by law or ordinance.

[Amended 7-13-1993 by Ord. No. 1651]

J. No person shall break, injure or destroy any of the street lamps, bulbs or lights or the brackets or poles to which the same are attached.

K. No person shall permit any horse, cow, sheep, goat or other animals or chickens, geese, ducks or other fowl to run at large in a public street or place, except dogs under observation and control, as defined in an ordinance concerning dogs.[1]

[1] Editor's Note: See Ch. 124, Dogs, Art. I.

L. No person, other than a public official or a member of the Fire Department in the performance of his duties, shall open any fire hydrant in any public street or public place without first having obtained permission, in writing, from the Chief of the Fire Department and upon such terms as the Council shall, by resolution, direct.

M. No person shall use any portion of the street or sidewalk space for display of goods, wares or merchandise without first having obtained from the Chief of Police a permit therefor, in writing, upon such terms or conditions as the Council may, by resolution, direct.

N. (Reserved)[2]

[2] Editor's Note: Former Subsection N, which prohibited the appearance of any person upon any street or public place under the influence of an intoxicating liquor, and which immediately followed this subsection, was repealed 10-14-2008 by Ord. No. 2192.

O. Obscene material.

(1) No person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years of age or who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs shall display or permit to be displayed at his business premises any obscene material at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed. The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted this display.

(2) For the purpose of this section, "obscene material" means any description, narrative account, display or depiction of sexual activity or anatomical area contained in or consisting of a picture or other representation, publication, sound recording, live performance or film which, by means of posing, composition, format or animated sensual details:

(a) Depicts or describes, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals;

(b) Lacks serious literary, artistic, political or scientific value, when taken as a whole; and

(c) Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, when taken as a whole, which appeals to the prurient interest.

P. No person directly or indirectly acting as agent or otherwise shall sell, give or furnish to a minor under the age of 18 years any cigarettes made of tobacco or any other substance which can be smoked, any cigarette paper, or any tobacco in any form, including but not limited to smokeless tobacco.

[Added 5-14-1996 by Ord. No. 1749]

Q. No person who is the parent, legal guardian or other person acting in place of a parent or legal guardian or person who is responsible for the care and welfare of a minor under the age of 18 years shall allow that minor to possess any cigarettes made of tobacco or of any other substance which can be smoked, any cigarette paper or tobacco in any form, including but not limited to smokeless tobacco.

[Added 5-14-1996 by Ord. No. 1749]

R. No persons shall operate any lawn mower, mulcher, chipper, blower, vacuum, hedge trimmer, chain or other type of saw, tractor, snowblower, cultivator, edger, or any other such lawn, gardening or yard equipment which is powered by an internal combustion engine that is not equipped with a muffler system in good working condition and having at least the same effectiveness in noise abatement as the manufacturer's original equipment.

[Added 11-12-1996 by Ord. No. 1770]

S. No person shall operate, no person shall allow any premises to be operated as, and no person shall knowingly be in the employ of a massage parlor or massage business except such establishment operated by a physician, osteopath, chiropractor or certified physical therapist licensed by the State of New Jersey; provided, however, that nothing herein contained shall prevent the massage of a patient at the residence of that patient by a duly licensed physician, osteopath, chiropractor or certified physical therapist or at a regularly established medical center, hospital or sanatorium under the supervision of a licensed physician, osteopath, chiropractor or certified physical therapist or at his, her or their professional office.

[Added 4-28-1998 by Ord. No. 1816; amended 12-29-1998 by Ord. No. 1842]

T. No person, firm or corporation after 30 days from the adoption of this prohibition shall have or permit upon any premises open to the public any vending machine or any such other device for the sale of any tobacco product described in Subsection P.[3]

[Added 4-28-1998 by Ord. No. 1816]

[3] Editor's Note: Former Subsection U, regarding operation of motor vehicles while holding a cellular telephone, which subsection originally followed this subsection, was repealed 4-27-2004 by Ord. No. 2039.

§ 198-3 Violations and penalties.

A. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to such penalties as are provided in Chapter 204 of this Code. In default of the payment of any fine imposed under Chapter 204, any person so convicted and having so defaulted may, in the discretion of the court, be imprisoned as aforesaid for any term not exceeding 90 days.

[Amended 2-10-2009 by Ord. No. 2201]

B. In the event that the violation of any provisions of this article shall have imposed upon the municipality any cost or expense in correcting the condition that resulted from the violation, in fixing the fine provided hereunder the court shall consider such cost to the municipality as the same may be certified to the court by the appropriate officer of the municipality in charge of the department which corrected that condition.

C. Each sale violative of § 198-2T hereof prohibiting the sale of certain tobacco products from certain automated devices shall constitute a separate violation of that section.

[Added 4-28-1998 by Ord. No. 1816]

D. The Health Officer of the Borough of Hasbrouck Heights may suspend the retail food establishment license for a period of not more than 30 days of any premises upon which there is a violation of § 198-2T of this article.

[Added 4-28-1998 by Ord. No. 1816]

E. Any license for the sale or consumption of alcoholic beverages issued under Chapter 84 of this Code may be suspended in the manner provided by law for a period not to exceed 30 days as to any premises upon which there has been a violation of § 198-2T of this article.

[Added 4-28-1998 by Ord. No. 1816]