[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 8-11-2003 by Ord. No. 2003-11. Amendments noted where applicable.]
Pursuant to the authority of Chapter 188 of the Laws of the State of New Jersey of 1950 (N.J.S.A. 26:3-69.1 et seq., as amended and supplemented), there is hereby adopted by the City of Bordentown the entire Health and Sanitation Code known and constituted as the "Public Health Nuisance Code of New Jersey (1953)," approved by the New Jersey State Department of Health on September 16, 1953, in booklet form and contained therein with the provisions thereof to be controlling within the entire City limits for the purpose of defining, governing, and prohibiting certain matters, things, conditions or acts which are therein declared to be a nuisance; prohibiting certain noises and sounds; requiring the proper heating of apartments; prohibiting lease or rental of certain buildings; prohibiting spitting in or upon public buildings; conveyances or sidewalks; authorizing the inspection of premises by an enforcing official; providing for removal or abatement of certain nuisances and recovery of expenses incurred by the Board of Health in removing or abating such nuisances; and prescribing penalties and imprisonment for violations.
[Amended 8-13-2007 by Ord. No. 2007-12]
The said code established and adopted by this chapter is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)." It also will include the following public nuisances which are unlawful acts.
Unlawful acts. It shall be unlawful, and shall be a public nuisance, for any person:
To make any indecent exposure or exhibition of any kind in or upon any street, road, highway, place, alley or lane, public or private, in the City; or
To expose to public view, within the aforesaid City, his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
To engage, within the aforesaid City, in any practice having a tendency to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or
To engage, within the aforesaid City, in any practice, while passing on the streets or sidewalks, having a tendency to annoy persons sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or
To make any indecent exposure of his or her private parts or engage in any lewd or indecent act or behavior; or
To urinate or defecate in public places or streets, or on the lawns or yards of private homes and residences, or in the public view; or
To point, position, locate or have any bright stationary or temporary light directed into a person's house during evening or night hours which negatively impacts the inhabitants of the structure; or
To bring, consume or possess an open container of alcoholic beverages or wine in any public place within the City other than those public places covered by an alcoholic beverage consumption license issued pursuant to Title 33 of the New Jersey Statutes or where consumption of malt alcohol or wine is permitted by N.J.S.A. 2A:170-25.21; or
To set off or discharge any revolver, rifle, shotgun, pistol, gun, cannon, weapon or firearm of any description using cartridges or gunpowder for ammunition, provided that nothing contained herein shall be construed to extend to any police officer in the line of duty; or
To possess, discharge, set off, fire or light any roman candle, carbide cannon, dynamite cap, rocket, firecracker or other fireworks within the City; or
To revel, quarrel, fight, brawl or otherwise engage in any disorderly conduct so as to disturb the public peace and quiet; or
To sleep in any parked vehicle in any location in the City; or
To interfere or annoy the comfort or general well-being of the inhabitants of this City; or
To make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him or it, or upon any public street, alley or thoroughfare in this municipality, any unnecessary noises or sounds by means of the human voice, or by any other means or methods which are physically annoying to persons, or which are so harsh, or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of this municipality.
Three copies of said Public Health Nuisance Code of New Jersey (1953) have been placed on file in the office of the City Clerk upon the introduction of the chapter and will remain on file there for use and examination by the public.
Any person who violates or neglects to comply with any provision of this chapter or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation. When a person, upon conviction, with the financial ability refuses or neglects to pay the amount of the penalty and all costs and charges incident thereto rendered against him or her, as the case may be, the court having jurisdiction over the matter may cause a commitment to the county jail for a period not exceeding 90 days. In case a person shall have been twice convicted within the space of six months for the violation of the same offense and due proof of such fact is made, the court having jurisdiction over the matter may cause the imprisonment of such person in the county jail, with or without hard labor, for a period not exceeding the lesser of one day for each dollar of the penalty or 90 days.