Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Hawthorne, NJ
Passaic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (4) Index
[HISTORY: Adopted by the Board of Commissioners (now Municipal Council) of the Borough of Hawthorne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Graffiti — See Ch. 266.
Noise — See Ch. 333.
Peddling, canvassing, soliciting and itinerant vending — See Ch. 361.
[Adopted 9-2-1959 by Ord. No. 1007 (Ch. 148, Art. I, of the 1989 Code)]
A. 
The following words, when used in this article, shall have the following meanings:
BOROUGH
The Borough of Hawthorne.
DISORDERLY ASSEMBLAGE
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.
PERSON
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.
(8) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(8), concerning interference with police and fire alarm boxes and false alarms, was repealed 6-7-2017 by Ord. No. 2189-17.
(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.
(11) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection A(11), concerning operation of a carnival, was repealed 6-7-2017 by Ord. No. 2189-17.
(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]
[4]
Editor's Note: This ordinance also repealed original Subsection A(15), regarding keeping of a disorderly house or place of ill fame, and Subsection A(16), regarding exhibition of lewd material, which immediately followed this subsection.
(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.
(14) 
(Reserved)[6]
[6]
Editor’s Note: Former Subsection A(14), concerning use of an air rifle and like weapons, was repealed 6-7-2017 by Ord. No. 2189-17.
(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.
(17) 
(Reserved)[7]
[7]
Editor’s Note: Former Subsection A(17), concerning damage to cultivated crops, signs, etc., was repealed 6-7-2017 by Ord. No. 2189-17.
(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:
OBSCENE MATERIAL
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.
RETAILER
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.