[HISTORY: Adopted by the City Council of the City of Salem as Ch. XXII, Secs. 22:16 through 22:18, 22:20, 22:23, 22:26, 22:27 and 22:29 though 22:31, of the 1975 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 69.
Amusement devices — See Ch. 71.
Bicycles and skates — See Ch. 79.
Curfew and parental responsibility — See Ch. 98.
Noise — See Ch. 137.
Obscene materials — See Ch. 143.
[Amended 8-19-2013 by Ord. No. 13-06]
A. 
It shall be unlawful for any person to burn or set fire to any paper, shavings, wood, refuse or any other article in and on any of the streets, lanes or alleys of this City or in and/or on any lot or tract of land within the territorial confines of this City, except as set forth in Subsection B hereof; and provided, however, that nothing herein contained shall prohibit the Fire Chief from issuing, in his discretion, a permit for the use of what is known as a "trash burner."
B. 
Recreational fire regulations.
(1) 
Definitions. For the purpose of this § 157-1B, the following definitions shall apply:
CHIMINEA, OUTDOOR FIREPLACE, OUTDOOR FIRE PIT
As defined by manufacturers, approved containers for open burning.
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, and vines or brush smaller than two inches in diameter.
NUISANCE
Any odor, emission, or event that prevents the reasonable use and enjoyment of one's property.
RECREATION FIRE
An outdoor fire where seasoned wood of approved dimensions is burned for entertainment.
TREATED LUMBER
Dry wood which has been milled and dried and has been treated or combined with any petroleum product, glue, chemicals, preservatives, adhesive, stain, paint or other substance.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum products, glue, chemicals, preservatives, adhesive, stain, paint or other substance.
(2) 
Regulations.
(a) 
Recreational fires in approved containers shall be allowed without a permit at one- and two-family occupied homes, duplexes, townhouses, subject to the regulations contained herein.
(b) 
Fires shall be limited to a maximum three-foot diameter and two-foot height, and must be contained in a noncombustible chiminea, outdoor fireplace, fire pit or other method approved by the Fire Chief or his designee.
(c) 
All openings in the container or fire pit must be covered with wire mesh or other screening materials that will prevent the passage of sparks or embers.
(d) 
Fires must be kept in the rear yard at least 25 feet from any structure or combustible exterior wall.
(e) 
Fires must be constantly attended until fire is extinguished. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, or garden hose shall be available for immediate utilization.
(f) 
No such fire or container used for open burning may be used on any porch, deck, balcony or any other portion of a building; within any room or space; under any building overhang.
(g) 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than two inches in diameter, treated or untreated lumber, garbage, paper products or anything other than firewood as set forth herein is prohibited, except that kindling may be used to start a fire.
(h) 
All open fires as set forth herein shall be extinguished no later than 12:00 a.m.
C. 
The Fire Chief or his designee, police officer, or health officer may order any open fire, or use of a chiminea, outdoor fireplace or fire pit which creates a nuisance, to be extinguished.
It shall be unlawful for any person without a written permit from the Mayor and the Common Council, in Council assembled, first had and obtained, to fire off or discharge any gun, rifle, musket, pistol, revolver, cannon or other firearm or piece of artillery within the corporate limits of the City of Salem.
[1]
Editor's Note: Former § 157-3, Fireworks, was repealed 8-18-2008 by Ord. No. 08-12. See now N.J.S.A. 21:3-2.
It shall be unlawful for anyone for monetary gain to themselves to use or pretend to use or have any skill in physiognomy, palmistry, analysis of handwriting, fortune-telling or like crafty science, within the limits of the City of Salem.
[Amended 10-16-1995 by Ord. No. 95-15]
No person shall within the limits of said city, during any alarm of fire or medical emergency, hinder, prevent or deter by any device whatsoever any fireman, ambulance personnel or other person from rendering lawful assistance in abating or quelling such fire or medical emergency or hinder or interfere with any fireman, ambulance or other emergency personnel from going to or returning from the place where an alarm proceeds; nor shall any person hinder or obstruct the passage of any fire engine, hook and ladder truck, hose cart or any fire apparatus, ambulance or other emergency vehicle or apparatus in going to or from the place from which an alarm or fire proceeds or where any building or other property may be burning.
[Amended 10-16-1995 by Ord. No. 95-15]
No person shall open, injure, destroy deface, mutilate, break or tamper with any fire hydrant in any public place within the limits of said city, except members of the City Fire Department or City Water Department actually engaged in the performance of their duties.
[Amended 10-16-1995 by Ord. No. 95-15]
It shall be unlawful for any person to throw or place in the streets, highways, public places or in automobiles or other vehicles parked along the public highways of the City of Salem or in a vacant lot or in the yards or upon the porches of dwellings or other buildings within the limits of the City of Salem any paper, advertisement, handbill, circular or pamphlet, provided that nothing herein contained shall be held to apply to newspapers and personally addressed envelopes; and also provided, further, that nothing herein contained shall apply to a paper, advertisement, handbill, circular or pamphlet being placed on the porches of dwellings or other buildings when they are placed in mailboxes or other receptacles so that they will not be blown in the yards and around the public streets of the city.
A. 
It shall be unlawful to shoot by means of a bow and arrow or any other pointed instruments within the limits of the City of Salem except on an archery range which has been approved by the Chief of Police and then only when such range is under competent supervision and approved by the Police Chief.
B. 
It shall be unlawful to use a slingshot or other similar weapon within the City limits of the City of Salem.[1]
[1]
Editor's Note: Original Subsection 3, regarding penalties, which immediately followed this subsection, was deleted 10-16-1995 by Ord. No. 95-15.
[Amended 10-16-1995 by Ord. No. 95-15; 2-21-2005 by Ord. No. 05-04]
A. 
Any use of razor wire in a fence, barrier, enclosure or partition, erected subsequent to the date of final adoption hereof, shall be unlawful unless:
(1) 
Located in the manufacturing zone;
(2) 
Recommended for approval by resolution of the Planning Board after consideration at a public meeting for which due notice in accordance with N.J.S.A. 40:55D-12 has been given; and
(3) 
Thereafter approved by resolution of the City Council.
B. 
Any razor wire fence, barrier, enclosure or partition located in the manufacturing zone, and existing as of the date of final adoption hereof, shall be permitted to remain if kept in a good, safe state of repair; however, no new business license, change of use or other approval shall hereafter be granted with respect to any such property unless the razor wire is removed, unless the continuation of same is specifically recommended by resolution of the Planning Board and thereafter approved by resolution of the City Council; and no expansion of any such preexisting wire usage shall be permitted except in accordance with the provisions of this section.
C. 
Use of razor wire in residential, residential light commercial or commercial zones.
(1) 
Use of razor wire in residential, residential light commercial or commercial zones shall hereafter be prohibited. Any razor wire fence, barrier or other application thereof existing in any residential, residential light commercial or commercial zone at the time of the adoption of this section shall be removed by the owner thereof or party responsible therefor within 120 days of the date of final adoption hereof, unless, prior to the expiration of said one-hundred-twenty-day period:
(a) 
The Zoning Officer inspects the same and finds it to be in good condition and at least six feet up from the ground;
(b) 
The owner of the subject property shall execute and file with the City Clerk an indemnification agreement, to be prepared by the City Solicitor and made available for this purpose through the office of the City Clerk, pursuant to which the owner agrees to forever defend, protect, indemnify and save harmless the City of Salem, it's officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or related to said razor wire; and
(c) 
The owner of the subject property files with the City Clerk evidence of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, evidencing that the subject property is insured for liability purposes, with no exclusion of coverage or exception relating to razor wire; and requiring that said company shall endeavor to provide written advance notice to the City of any cancellation or termination of the insurance coverage.
(2) 
In the event that the owner of the subject residential, residential light commercial or commercial property complies with Subsection C(1)(a), (b) and (c) above within the timeframe specified above, the razor wire shall be permitted to remain if kept in a good, safe state of repair; however, no certificate of occupancy, change of use or other approval shall hereafter be granted with respect to any such property unless the razor wire is removed; and no expansion of any such preexisting razor wire usage shall be permitted.
D. 
No fences, barriers or like obstructions over six feet in height shall be hereafter erected unless first approved by resolution of the Planning Board.
E. 
It shall be unlawful for anyone to erect, construct, maintain or permit another to erect, construct or maintain a barbed wire fence, enclosure or partition or any unlawful fence unless the barbed wire upon such fence is at least six feet up from the ground,
F. 
Any use of barbed wire in a fence, barrier, enclosure or partition erected subsequent to the date hereof shall be unlawful unless first approved by resolution of the Planning Board.
[Added 4-1-1996 by Ord. No. 96-6[1]]
A. 
It shall be unlawful for any person in any public place (including sidewalks, alleys, parks, streets, parking lots, outside areas, etc.) within the City of Salem to play cards, dice, billiards, pool, shuffleboard, athletic, machine, device or other game, activity or contest of change, upon an agreement or understanding that such person will receive something of value in the event of a certain outcome thereof, or engage in conduct which aids or promotes the foregoing, except as specifically authorized by law.
B. 
For the purposes of this section "something of value" means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge. This definition does not include any form of promise involving extension of a privilege of playing at a game without charge on a mechanical or electronic amusement device, other than a slot machine, as an award for the attainment of a certain score on that device.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 157-10 as § 157-11.
[Added 8-17-1998 by Ord. No. 98-25[1]]
Any riotous conduct, indecent conduct, breach of the peace, boisterous or tumultuous behavior, vagrancy or other conduct causing disorder, not hereinbefore mentioned, is hereby prohibited within the limits of Salem City.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 157-11 as § 157-12.
[Added 4-5-2004 by Ord. No. 04-10[1]]
It shall be unlawful to permit basketball nets and/or apparatus extending into the street from the curb.
[1]
Editor's Note: This ordinance provided for the redesignation of former § 157-12 as § 157-13.
[Added 10-16-1995 by Ord. No. 95-15; amended 7-20-2020 by Ord. No. 20-06]
Any person violating this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.