[HISTORY: Adopted by the Board of Commissioners (now Municipal
Council) of the Borough of Hawthorne as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-2-1959 by Ord. No. 1007 (Ch. 148, Art. I, of
the 1989 Code)]
A.
BOROUGH
DISORDERLY ASSEMBLAGE
PERSON
The following words, when used in this article, shall have the following
meanings:
The Borough of Hawthorne.
Any two or more persons gathered together and acting in a
boisterous, offensive and threatening manner towards each other or
others or committing an act or acts which are a breach of the peace
or which tend to create a breach of the peace.
Includes a corporation, association, organization, firm and
partnership, as well as an individual.
B.
Whenever in this article any word importing the singular number or
masculine gender is used in describing or referring to any person,
party, matter or thing, the same shall include and apply to several
persons or parties as well as to one person or party, to females as
well as males and to several matters or things as well as one matter
or thing.
A.
Except as otherwise permitted by law, no person shall, within the
limits of the Borough:
(1)
Utter any loud, profane, indecent, lewd or offensive language in
or upon any street or public place or make any indecent or offensive
remarks or comments to or about any person lawfully in or upon any
street or public place, or make any improper noise, or create a riot,
disturbance or breach of the peace, or aid and abet any person in
creating a riot, disturbance or breach of the peace, or disturb or
endanger the public peace by any loud, abusive, offensive or disorderly
language or act in any house or building or grounds belonging thereto
or in any street or public place.
(2)
Make any threats or utter any threatening language or commit any
act which tends to endanger the public peace, or take any part in
or aid, abet or assist in a disorderly assemblage.
(3)
Commit an assault or an assault and battery on any person or engage
in a fight with another person or persons, either in public or private,
or aid, abet or assist in any of the foregoing acts.
(4)
Loiter, lounge, sleep or assemble in or upon any street, street corner,
park or public place or obstruct passage through or upon any street,
street corner, park or public building or congregate with others on
a public street and refuse to move on when ordered to do so by a law
enforcement official.
[Amended 1-21-1970 by Ord. No. 1163]
(5)
Disturb, interrupt or interfere, by rude, noisy, indecent, offensive
or disorderly conduct, behavior or language, any public or private
assembly whatever, including any church, place of worship, religious
services, school, library or reading room.
(6)
Disturb, interrupt or interfere, by rude, noisy, indecent, offensive
or disorderly conduct, behavior or language, the business, proceedings,
activities or meetings of any Municipal Court or Judge, Board of Commissioners,
Board of Education, Board of Health, Board of Adjustment, Police Department,
Water Department, Street Department or any of the Borough's appointed
or officially constituted bodies, agencies, departments or committees.
(7)
Forcibly interfere with any member of the Police or Fire Department
or any officer of the municipality in the performance of his duties
or prevent or attempt to prevent any member of the Police or Fire
Department or any officer of the municipality from performing his
duty.
(9)
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(9), concerning expectorating in any public place, was repealed 6-7-2017 by Ord. No. 2189-17. Original Subsection A(10), regarding smoking, and Subsection A(11), regarding hawking of goods, which immediately followed this subsection, were repealed 6-18-2008 by Ord. No. 1944-08.
(10)
Offer or expose for sale, sell, possess or use any fireworks
or pyrotechnics, except for public display under permit from the Borough
in writing.
(12)
Operate a game of chance or gaming or gambling place of business
without license to do so or permit a game of chance or gambling or
gaming operation to take place on premises without such license.
[Amended 6-18-2008 by Ord. No. 1944-08][4]
(13)
Appear in any street or public place in a state of nudity or
undress, or indecently or lewdly dressed.
[Amended 6-18-2008 by Ord. No. 1944-08][5]
[5]
Editor's Note: This ordinance also repealed original Subsection A(18), regarding annoying phone calls; Subsection A(19), regarding wilfully leaving family; Subsection A(20), regarding participation in marathons, walkathons, and skateathons, and Subsection A(21), regarding refusal of access to place of safety, which immediately followed this subsection.
(15)
Maliciously or unlawfully destroy, deface, damage or injure
public or private property, including any tree or pole.
(16)
Cut any tree, shrub or vine upon, or remove any earth, gravel
or sand from, any land belonging to another without his permission.
(18)
Abuse, mistreat or willfully injure any animal.
[Amended 6-18-2008 by Ord. No. 1944-08]
(19)
(Reserved)[8]
[8]
Editor's Note: Former Subsection A(19), concerning playing
ball or other games on a public street, was repealed 6-7-2017 by Ord.
No. 2189-17. Original Subsection A(28), regarding playing of musical
instruments in the street, which immediately followed this subsection,
was repealed 6-18-2008 by Ord. No. 1944-08.
(20)
Sell or offer for sale any goods, wares, merchandise, security
or services by untrue, deceptive or misleading advertising or by untrue,
deceptive or misleading representations made either orally or in writing.
(21)
Go in or upon any private property without proper permission,
or go in or upon private property posted against trespassing, or remove,
deface, alter or destroy any notice posted against trespassing, without
proper permission, or solicit from house to house or in any street
or public place a gift of money, clothing or any other thing for a
person's own use.[9], [10]
[9]
Editor's Note: Original Subsection A(31), regarding trespass,
which immediately followed this subsection, was repealed 6-18-2008
by Ord. No. 1944-08.
[10]
Editor's Note: Original Subsection A(32), regarding creating
of a disturbance while under the influence, which immediately followed
this subsection, was repealed 10-15-2008 by Ord. No. 1955-08.
(22)
Urinate or defecate in or upon any open public place, including
parks, playgrounds or publicly owned property, or any public street,
walkway, alley or parking area, or any place or area to which the
public or a substantial group has access, whether publicly or privately
owned; or urinate or defecate in or upon any place out of doors, whether
public or private, if said place is clearly visible from any public
place as described above.
[Added 5-16-1990 by Ord. No. 1521]
[Amended 12-20-1989 by Ord. No. 1510; 6-18-2008 by Ord. No. 1944-08]
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to a fine not to exceed $2,000
or imprisonment for a term not to exceed 90 days or a requirement
to perform community service for a period not to exceed 90 days.
[Adopted 9-7-1988 by Ord. No. 1475 (Ch. 148, Art. II, of
the 1989 Code)]
The purpose of this article is to regulate, within the confines
of New Jersey State law, the public display by retailers of obscene
materials, particularly where such materials are likely to be viewed
by minors.
As used in this article, the following terms shall have the
meanings indicated:
Any description, narrative account, display or depiction
of a specified anatomical area or specified sexual activity contained
in, or consisting of, a picture or other representation, publication,
sound recording, live performance or film, which, by means of posing,
composition, format or animated sensual details, emits sensuality
with sufficient impact to concentrate prurient interest on the area
or activity.
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access for persons under 18 years
old, who is in the business of making sales of periodicals or other
publications at retail containing pictures, drawings or photographs.
It shall be a petty disorderly persons offense for a retailer
to display or permit to be displayed at his business premises any
obscene material as defined herein, at a height of less than five
feet or without a binder or other covering placed or printed on the
front of the material displayed.
The public display of obscene material, as prohibited in § 357-6 above, on or at the premises of the retailer shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
[Amended 12-20-1989 by Ord. No. 1510; 6-18-2008 by Ord. No. 1944-08]
Any retailer violating any of the provisions of this article
shall, upon conviction thereof, be liable for a fine not to exceed
$2,000 or imprisonment for a term not to exceed 90 days or a requirement
to perform community service for a period not to exceed 90 days. Each
and every day in which a violation of any provision of this article
exists shall constitute a separate violation.