[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-10-1978 by Ord. No. 78-6]
As used in this article, the following terms
shall have the meanings indicated:
Any male, female, individual, partnership or corporation.
It shall be unlawful for any person to go about
from door to door, or place himself in streets, highways or passages,
to beg or solicit alms or charity; or to wander abroad and beg or
solicit charity under pretense of being or having been a soldier,
marine or seafaring man; or to claim a loss by fire or other casualty
or by war or other pretense or thing; or to wander abroad and lodge
in taverns, inns, beer houses, houses of entertainment, market houses,
outhouses, barns or other places, or in the open air, and not give
a good account of himself; and it shall be unlawful for persons to
leave or threaten to leave their families to be maintained by the
Borough, township or county or to become chargeable thereto, or for
persons, not having sufficient property or means for their subsistence
or support, to live idly or not engage in some honest employment or
not provide for themselves or families.
[Amended 4-9-2009 by Ord. No. 2009-4]
It shall be unlawful for any person or persons
to loiter or assemble on the streets, at the street corners, or in
or upon the public places, or quasi-public places, or upon any private
property not his/her own within the Borough, to there indulge in and
utter loud and offensive or indecent language; or address or make
audible and offensive comments upon any person passing along such
streets or public places or in any such railroad train or other public
conveyance, or obstruct or interfere with any person lawfully being
in and upon such streets or public places or such train or other public
conveyance.
Prohibited exceptions. No person shall have
in his possession any open bottle or other container containing liquor,
wine, beer, or any other alcoholic beverage while on any public highway,
public street, public sidewalk, public parking lot, or lot, playground,
park or other property owned by, belonging to or over which the Borough
of Chesilhurst has control, or in any vehicle or any public place
in the Borough of Chesilhurst, excepting those premises duly licensed
for the sale and consumption of alcoholic beverages on the premises.
Any open bottle or open container containing
liquor, beer, wine, or other alcoholic beverage in any vehicle shall
be presumptive evidence that the same is in the possession of all
of the occupants thereof, and in violation hereof.
The Borough Council of the Borough of Chesilhurst,
for good cause shown, may permit the drinking of beer at public parks
or in other public areas by a resolution of the Borough Council, which
resolution shall be preceded by a written request of the organization
or organizations seeking such permission, addressed to the Borough
Council, and which resolution shall state the hours within which such
permission is granted and the exact location where such permission
shall be in force.
[Amended 4-9-2009 by Ord. No. 2009-4]
Any person violating any provision in this article
shall, upon conviction, be subject to a fine not exceeding $2,000,
a term of imprisonment not exceeding 90 days, or a period of community
service not exceeding 90 days, or any combination thereof, pursuant
to N.J.S.A. 40:49-5. Any person convicted of violating any provision
of this article within one year of the date of a previous violation
of this article and who was previously fined for the previous violation,
shall be sentenced by the court to an additional fine as a repeat
offender. The additional fine imposed by the court upon a person as
a repeat offender shall not exceed the maximum fine fixed for a violation
of this article, but shall be calculated separately from the fine
imposed for the current violation of this article.
All fines imposed and collected under and by
virtue of this article shall be paid into the treasury of the Borough.
