[HISTORY: Adopted by the Borough of Rutherford
Council 6-15-1993 by Ord. No. 2680-93. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 7.
Amusement games — See Ch. 8.
Curfew — See Ch. 23.
Littering — See Ch. 53.
Loitering — See Ch. 54.
Noise control — See Ch. 63.
Nuisance Code — See Ch. 64.
Feeding of pigeons — See Ch.
72.
Playgrounds and recreation areas — See Ch. 73.
Poolrooms and bowling alleys — See Ch. 77.
Public amusement structures — See Ch. 79.
Skateboards, bicycles, roller skates and scooters — See Ch. 98.
Solicitors, peddlers and canvassers — See Ch. 105.
Tobacco products — See Ch. 116A.
A.
The purpose of this chapter is to act as a supplement
to the New Jersey Code of Criminal Justice (N.J.S.A. 2C:1-1 et seq.)
and to fill the interstices therein, and all provisions hereof shall
be construed accordingly.
B.
The provisions of this chapter shall be construed
so as to protect the peace, order, health, safety, general welfare
and good order of the Borough of Rutherford and the inhabitants thereof.
C.
The provisions of this chapter are adopted pursuant
to the powers granted to the Borough of Rutherford by N.J.S.A. 40:48-1
and 40:48-2 and other statutes granting police power to the Borough
of Rutherford and shall be construed accordingly.
D.
Except to the extent specifically set forth herein,
neither specific intent nor knowledge shall be construed as elements
of any offense defined under the provisions of this chapter.
E.
In the event that any activity or condition proscribed
herein shall be the subject of any other regulation elsewhere in the
Borough Code of the Borough of Rutherford, the two sections shall
be construed together, and the provisions of this chapter shall be
deemed to be in addition to the regulations otherwise provided and
as providing an additional remedy, unless another construction is
clearly indicated.
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
The drawing, painting or making of any inscription on a bridge,
building, public transportation vehicle, rock, wall, sidewalk, street
or other exposed surface on public or private property without the
permission of the owner.
[Added 11-15-1994 by Ord. No. 2718-94]
The Borough of Rutherford.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A.
Improper behavior. A person is guilty of a disorderly
persons offense if, with a purpose to cause public inconvenience,
annoyance or alarm or recklessly creating a risk thereof, he or she:
B.
Offensive language. A person is guilty of a disorderly
persons offense if, in a public place and with a purpose to offend
the sensibilities of a hearer or in reckless disregard of the probability
of so doing, he or she addresses unreasonably loud and offensively
coarse or abusive language, given the circumstances of the person
present and the setting of the utterance to any person present.
C.
"Public" means affecting or likely to affect persons
in a place to which the public or a substantial group has access;
among the places included are highways, transport facilities, schools,
apartment houses, places of business or any neighborhood.
No person shall, within the limits of the borough,
willfully or maliciously ring or cause to be rung any bell, whistle
or other alarm of any fire company or in any other manner give or
cause to be given a false alarm of fire, bombing, catastrophe or emergency.
No person shall injure, damage or mutilate at
any time or place any fire engine, hook-and-ladder truck hose, hose,
ladders, buckets or other apparatus belonging to or under the control
of the Fire Department or interfere with the same in any manner, nor
shall any person drive a vehicle over any hose or other fire equipment.
A person commits a disorderly persons offense
if, with a purpose to harass another, he or she:
A.
Makes or causes to be made a communication or communications
anonymously or at extremely inconvenient hours or in offensive coarse
language or any other manner likely to cause annoyance or alarm.
B.
Subjects another to striking, kicking, shoving or
other offensive touching or threatens to do so.
C.
Engages in any other course of alarming conduct or
of repeatedly committed acts with a purpose to alarm or seriously
annoy such other person.
A person is guilty of a disorderly persons offense
when:
A.
By conduct, either unlawful in itself or unreasonable
under all circumstances, he or she knowingly or recklessly creates
or maintains a condition which endangers the safety or health of a
considerable number of persons.
B.
He or she knowingly conducts or maintains any premises,
place or resort where persons gather for purposes of engaging in unlawful
conduct.
No person shall, within the limits of the borough,
hinder or obstruct any borough officer in the performance of his or
her duties, nor shall any person willfully refuse or neglect to assist
any borough officer when lawfully called upon by said officer 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 an escape or when
such officer is resisted in the discharge of his or her duty, nor
shall any person knowingly resist or oppose any officer or person
authorized by law in serving or attempting to serve any writ, bill,
order or process or when making any arrest, with or without a warrant.
No person shall intentionally appear on any
road, street, highway or other public place in a state of nudity or
make any indecent exposure of his or her person or commit or cause
to be committed or participate in the commission of any lewd or indecent
act or behavior.
[Added 9-8-1999 by Ord. No. 2910-99]
No person shall, within the limits of the Borough
of Rutherford, defecate or urinate upon any street, highway, road,
alley, sidewalk, the neighborhood of any store, restaurant, tavern
or other place of business, or in any other public place or in any
other place open to and used by the public or outdoors upon any private
property except in enclosed facilities or structures intended for
the carrying out of such excretory acts.
[1]
Editor's Note: Former § 68-10, Public intoxication;
influence of drugs, was repealed 8-26-2008 by Ord. No. 3162-08.
No person shall destroy, injure, deface or tarnish
any public building, fence, tree, light post or standard, telephone,
telegraph or electric power pole, fire hydrant, monument, statue,
flagpole or other public work or improvement or affix thereon any
signs, bills or advertisements of any kind or nature whatsoever; provided,
however, that this section shall not apply to the posting of such
notices as may be required by law.
[Added 4-6-1999 by Ord. No. 2888-99]
Trespassing in the Kip Avenue Parking Garage
is hereby prohibited. A person is guilty of trespass if, knowing that
he or she is not licensed or privileged to do so, he or she enters
or remains in the Kip Avenue Parking Garage as to which notice against
said trespass is given by actual communication to the individual or
posting in a manner reasonably likely to come to the attention of
individuals. It is an affirmative defense to prosecution under this
section that the actor had license to be in the Kip Avenue Parking
Garage because of his or her permitted parking of a motor vehicle
within said structure. This affirmative defense shall also apply to
passengers of such parked vehicles. This defense shall only apply
to motorists and their passengers who park their vehicles in the parking
garage for the purpose of conducting business elsewhere.
No person shall within the limits of the borough
enter the building or go upon the lands of any school and break, damage
or deface such building or any part thereof or the fences or other
property belonging to or connected with such building or lands, and
no person shall disturb the exercise of any school or molest or give
annoyance to the children attending such school or any teacher therein,
either while on the school property or while going to or coming from
said school.
No person shall discharge any gun, pistol or
other firearm or shoot, use or discharge any air gun, beanshooter
or slingshot or hunt for game or wild fowl within the borough;[1] provided, however, that this section shall not apply to
a police officer or other peace officer in the discharge of his duty;
and provided, further, that this section shall not apply to the discharging
of firearms in any area designated as a "police pistol range," which
said area shall be under the direction and control of the Police Department;
and provided, further, that this section shall not apply to the discharging
of firearms by a person having a permit procured prior thereto from
the Chief of Police for the purpose of destroying pests, animals and
birds injurious to public or private property.
[Added 11-15-1994 by Ord. No. 2718-94[1]]
A reward not exceeding $500 shall be paid for
the detection and apprehension of any person guilty of purposely or
knowingly damaging tangible property of another by an act of graffiti
occurring in the borough in violation of N.J.S.A. 2C:17-3. The reward
is to be payable after conviction out of those funds of the municipality
made available therefor. The reward shall be paid to any person whom
the governing body, acting upon the written recommendation of the
Municipal Chief of Police, deems entitled thereto. No reward shall
be paid to any public employee whose duty it is to investigate or
to enforce the law or to the employee's spouse, child or parent, living
in the same household.
Any person or persons, association, firm or
corporation violating any of the terms or provisions of this chapter
shall, upon conviction, be liable to pay a fine not exceeding $500
or be imprisoned in the county jail for a term not exceeding 30 days,
or both.
