[HISTORY: Adopted by the Mayor and Council
of the Borough of Oceanport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-5-1947 by Ord. No. 129 (Ch.
45 of the 1970 Code)]
A.
No person shall, within the limits of the Borough
of Oceanport:
(1)
Appear on any street, road, avenue, park or public
place, or bathe, swim or be found in any river, pond, lake or stream,
or in plain view of such place, in a state of nudity or in indecent
or lewd dress or indecent exposure of the person, or commit any lewd
or indecent act or offer to sell or exhibit any lewd or indecent book,
picture or article.
(2)
Disrobe in any automobile, truck or vehicle while
the same is parked upon any parking place, street, road, avenue, park
or other public place.
(3)
Keep or maintain a disorderly house or house of ill
fame, or allow or permit any house or other building or structure
owned or occupied by him or her to be used as a disorderly house or
house of ill fame.
(4)
Permit any house or other building or structure to
be used by noisy, riotous or disorderly persons or by prostitutes,
gamblers or vagrants.
(5)
Set up or keep or maintain, or permit to be set up,
kept or maintained, in any building, premises, parking lot or other
public place, any faro table, faro bank, roulette wheel or other device
or game of chance for the purpose of gaming, or any boxing ring, cockpit
or other place for men or animals to fight, nor shall any persons
hold or permit to be held in any such place any dogfight, cockfight,
prizefight or any sparring contest for a purse or money prize, nor
shall any person aid or abet in the foregoing.
(6)
Loiter on any street, road, avenue or other public
place or in or about any public building, or utter any loud, profane,
offensive or indecent language in any of the foregoing places, or
molest or interfere with any person lawfully being in or upon any
of the aforesaid places.
(7)
Make or cause to be made or continued any unnecessary
noise, or operate or use any radio receiving set, phonograph, horn
or other sound-producing apparatus in such a manner as to annoy or
disturb the comfort, rest or repose of any person or persons being
in his or her or their place or places of abode.
(8)
Discard, deposit, throw or leave any wastepaper, tin
cans, bottles, garbage, waste or refuse of any kind whatsoever upon
any parking place, street, road, avenue, park or other public place
or upon any lot or other premises, except in receptacles or containers
provided for such purpose.
(9)
Individuals or groups who wish to solicit within the
Borough of Oceanport must first obtain a written permit from the Chief
of Police. Said permit shall be in the amount of $10. The Chief of
Police shall have the discretion of reviewing the application and
may either issue or withhold the permit. The permit can only be withheld
if in the opinion of the Chief it is in the best interest of the welfare
and the public interest of the residents of the Borough to do so.
Any denial by the Chief of Police to issue a permit may be appealed
to the governing body to be considered at the next regularly scheduled
meeting. If the governing body affirms the Chief of Police, a resolution
shall be prepared accordingly. If the governing body reverses the
decision of the Chief of Police then the resolution opposing same
must set forth specific reasons for the reversal.
[Amended 2-21-1952 by Ord. No. 162; 12-4-2013 by Ord. No.
925]
(10)
Ring any bell or blow any horn or make any public
outcry at or for any public sale, auction or vendue or to advertise
any goods, wares or merchandise for sale or to gain passengers for
any cab, taxicab, hack or omnibus.
(11)
Give or cause to be given in any manner whatsoever
any false alarm of fire.
(12)
Hinder or obstruct any fireman, police officer
or other Borough officer in the performance of his duties, or willfully
refuse or neglect to assist the same when lawfully called upon by
him so to do in the execution of any process or in the suppression
of any breach of the peace or disorderly conduct or in case of escape
or when such officer is resisted in the discharge of his duty.
(13)
Maliciously destroy, tamper with, damage or
injure any property, public or private.
(14)
Leave or abandon, or threaten to leave or abandon,
any member of his or her family or any other person for whose support
he or she may be chargeable, so that they or any of them shall or
might be or become a public charge.
(15)
Have concealed upon his or her person or in
any portable vehicle, carriage, motorcycle or other vehicle any offensive
or dangerous weapon without lawful authority.
(16)
Have upon his or her person or in his or her
possession any picklock, key, crow, jack, bit or other implement with
an intent to break and enter into any building.
(17)
Disturb or annoy any school or church classes,
exercises, devotions, ceremonies or any public meetings, or any persons
participating or engaged therein, on or about any school, church or
other public or quasi-public building, structure or place.
(18)
Be disorderly in any public omnibus, street,
highway, thoroughfare or on any sidewalk or in any private house,
boardinghouse, store, restaurant or other quasi-public or public place,
to the annoyance of any person.
[Amended 3-19-2009 by Ord. No. 859]
(19)
Use, operate, or cause to be used or operated,
a loudspeaker, sound wagon, public address system or other sound-producing
device or apparatus in, on, about or near any public street, highway
or place or other public place, without first making written application
to and obtaining the permission of the Borough Clerk.
(20)
Unnecessarily obstruct any street, alley or
public place with any kind of vehicle, box, lumber, wood or any other
thing.
(21)
Distribute, deliver or hand out any bills, circulars, cards, pamphlets or other advertising matter without having first obtained a written permit from the Chief of Police and compliance with § 284-1A(9).
[Amended 12-4-2013 by Ord. No. 925]
(22)
Participate or engage, attempt or offer to engage
or aid or abet in any disturbance or disorderly assemblage, or in
any way commit any breach or disturbance of the peace.
[Amended 12-1-2010 by Ord. No. 889]
(23)
Fire or discharge any pistol, revolver, rifle,
gun, air gun or fowling piece, or any kind of firearm or cannon, except
when expressly permitted by law.
(24)
Paste, write, clamp, paint, nail, clip or otherwise
fasten, inscribe or affix any notice, placard or advertisement against
or upon any public or private property.
(25)
Dump on or tow to open fields or other private
property, without first having obtained the permission of the owners
of such property, any abandoned automobile, part thereof, or other
junk, refuse or waste matter.
(26)
Engage in, commit or be guilty of any other
riotous or indecent conduct, breach of the peace, vagrancy or prostitution
not hereinbefore mentioned.
(27)
Force or induce any child under the age of 16
years to do or submit to the doing of any act which tends to debauch
such child or which tends to impair the morals of such child.
(28)
Give any person information or a tip on a horse
or horses in any race for an expected compensation or in the hope
of sharing in any winnings.
(29)
Between the opening of the pari-mutuel windows
for the first race and until after the last race has been finished
on any race day, give, send, transmit or communicate, by telephone,
telegraph or any other means whatsoever, any notice of, advertisement,
result, change of odds or any information pertaining to any horse
race or races to any person or persons outside the limits of the Borough
of Oceanport, unless expressly permitted so to do by law.
(30)
Be permitted to enter, occupy or otherwise utilize
the parks and playgrounds of the Borough of Oceanport from the hours
of 9:00 p.m. to 8:00 a.m. during the months of April through September,
and from the hours of 7:00 p.m. to 8:00 a.m. during the months of
October through March, daily, unless that person is participating
in, attending or observing a function or activity sponsored or under
the auspices of the Borough of Oceanport's Recreation Committee. Notwithstanding
the foregoing, a person or persons shall be permitted to utilize any
tennis court facility maintained by the Borough of Oceanport, illuminated
for night play, until 10:00 p.m. daily. No person shall be cited for
violation of this subsection unless he has first received a warning
from a law enforcement officer.
[Added 10-5-1972 by Ord. No. 323; amended 10-18-1973 by Ord. No.
339; 10-16-1976 by Ord. No. 389]
As used in this article, the following terms
shall have the meanings indicated:
Wherever appropriate in connection with the context, includes
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 article shall be paid into the treasury of the Borough.
Any person who shall violate any of the terms or provisions of this article or who shall commit or do any act or thing in this article prohibited shall, upon conviction thereof before the Judge authorized to hear and determine the matter, be subject to a penalty as set forth in Chapter 1, § 1-15, General penalty.
[Adopted 10-7-1971 by Ord. No. 304 (Ch.
35, Art. I, of the 1970 Code)]
Whenever, in his judgment, the Mayor of the
Borough of Oceanport or, in his absence or in the event of his inability
to act, the President of the Borough Council or the Chairman of the
Police Committee determines that an emergency exists as a result of
mob action or other civil disobedience causing danger of injury to
or damages 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 such designated curfew areas
to forthwith remove themselves from the public streets, alleys, parks
or other public areas; provided, however, that physicians, nurses
and ambulance operators performing medical services, utility personnel
maintaining essential public services, firemen and Borough-authorized
or -requested law enforcement officers and personnel may be exempted
from such curfew.
B.
To order the closing of any business establishments
anywhere within the Borough for the period of the emergency, such
businesses to include, but not be limited to, those selling intoxicating
liquors, cereal malt beverages, gasoline or firearms.
C.
To designate any public street, thoroughfare or vehicle
parking areas closed to motor vehicles and 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.
The proclamation of emergency provided herein
shall become effective upon the same being filed with the Borough
Clerk and posted in at least 10 public places in the Borough.
Any emergency proclaimed in accordance with
the provisions of this article shall terminate upon the issuance of
a proclamation determining an emergency no longer exists.
Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein shall be deemed guilty of violating the provisions of this article and, upon conviction therefor, shall be punished by a penalty as set forth in Chapter 1, § 1-15, General penalty.