[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 1-7-1959. Amendments noted where applicable.]
Noise control — See Ch. 133.
[Amended 2-16-2011 by Ord. No. Z-84]
No person shall make or assist in making any improper noise, riot, disturbance or breach of the peace in the streets or elsewhere within the City, and no persons shall collect in bodies or crowds for idle or unlawful purposes to the annoyance or disturbance of citizens or travelers. See also Ch. 133, Noise Control.
[Added 11-5-2020 by Ord. No. B-310; amended 12-18-2020 by Ord. No. B-316]
In accordance with Governor Murphy's Executive Orders Numbers 196, 173, and 152 regarding regulations for indoor and outdoor gatherings during the COVID-19 State of Emergency, during the State of Emergency (as long as same remains in effect as determined by the City of Hoboken Department of Emergency Management), the following occupancy limits shall apply to all indoor gatherings in the City of Hoboken, which rules and regulations shall be considered amended, supplemented and/or repealed in accordance with any future executive order modifying same:
The number of individuals at indoor gatherings that are not religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 10 persons. The number of individuals at indoor gatherings that are religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 25% of the capacity of the room in which it takes place, but regardless of the capacity of the room, such limit shall never be larger than 150 persons or smaller than 10 persons. For purposes of this subsection, any private residence or residential unit shall be treated as a single "room." Legislative proceedings of state, county, or local government, including local Boards of Education, and state and local judicial proceedings are not subject to the capacity limits on gatherings.
The owner of the premises and any tenant (as applicable) shall both be held responsible for any indoor gathering that is found to be in violation of the above occupancy regulations, when said gathering is also found to be in violation of any other provision of the Hoboken City Code or state laws regarding disturbing the peace, disorderly house, or noise ordinances.
The fine for a violation of this provision shall be in an amount not less than $250 and not to exceed $1,000 each for both the owner and resident as applicable.
Editor's Note: Former § 145-1.1, Radios and other such similar machines and/or devices noise restrictions, added 3-1-2000 by Ord. No. R-426, as amended, was repealed 2-16-2011 by Ord. No. Z-84.
Editor's Note: Former § 145-1.2, Gas powered go-peds, mopeds, and skateboards noise restrictions, added 9-5-2001 by Ord. No. DR-8, as amended, was repealed 2-16-2011 by Ord. No. Z-84.
No person in this City shall disturb any congregation or assembly met for religious worship in any church or other building by making a noise or by rude or indecent behavior or profane discourse within their place of worship.
No person shall engage in any practice, sport or exercise having a tendency to frighten or annoy any person passing on any street or sidewalk of the City.
No person in this City shall manufacture, sell, keep for sale, offer, give or dispose of any blackjack, slingshot, billy, sand club, bludgeon, metal knuckles or other such instrument or weapon.
No person shall fire any cannon, gun, rifle, pistol, toy pistol or firearm of any kind within the City.
No person shall pull up, break down, deface or injure any of the trees, grass, shrubbery, posts, fences or other property in any public ground or square of this City, nor shall any person climb, bend or cut any tree in any public ground or square.
No person shall injure or destroy or assist in injuring or destroying any public building or other property belonging to the City.
No person shall erect any booth, shed or other convenience or station any vehicle for the sale of any articles upon any public ground, square or public street of this City, except by permission of the Mayor.
No person shall discharge or suffer or permit the discharge, by any method, of oil, oil sludge, oil refuse, acid or any volatile inflammable liquid, gas or vapor into any sewer in this City.
No person shall obstruct a fire hydrant in the City by placing against the same or immediately in front of the same, at a distance less than 20 feet on either side of the fire hydrant, any automobile, building material or any obstruction of any kind whatsoever, so as to make access to the fire hydrant inconvenient or difficult to the Fire Department, without first having obtained written permission from the Chief of the Fire Department so to do.
Any person who so places an obstruction to a fire hydrant shall immediately remove the obstruction upon notice to do so from the Chief of the Fire Department.
Unlawful use; damage or obstruction.
[Added 8-3-1966 by Ord. No. 273]
No person, firm or corporation shall open, use or turn on, or assist in the use, opening or turning on of, any fire hydrant without the permission of the Director of Revenue and Finance and the Chief of the Fire Department.
No person, firm or corporation shall damage, injure or deface or assist in the damaging, injuring or defacing of any fire hydrant.
No person shall knowingly or willfully give or cause to be given any false alarm of fire within the City.
No person shall moor any boat to any piling or other City property used and occupied by the City in front of Hudson Square in the waters of the Hudson River.
No person in this City shall deposit in a garbage receptacle or receptacle of any nature, for disposal, any fluorescent and mercury vapor-type tubular lamp, intact, broken or otherwise, unless the lamp or part thereof is securely and completely wrapped in cardboard or extra-heavy wrapping paper, securely tied or pasted together, and upon which wrapping there is marked in plain large letters the words "fluorescent lamp."
No person shall throw or leave a discarded fluorescent and mercury vapor-type tubular lamp upon any sidewalk, street or other public place or any vacant lot, hallway, cellar or other place used by the public.
No person shall be a vagrant, common mendicant or street beggar within the City.
No master, owner or agent of any steamboat, ship, vessel or boat or any car or other vehicle shall land or put down, or cause or permit to be landed or put down, from any such steamboat, ship or other vessel, car or other vehicle any alien pauper, vagrant, sick, infirm or insane person or such other alien that may appear to have no visible means of support or that cannot make it appear that he is entitled to a residence in the City, unless such owner, master or agent shall first execute a bond to the Mayor and Council of the City in the penal sum of $300 with good and sufficient security to be approved by the Mayor, conditioned that no such passenger shall become a charge upon the City for the term of one year from the date of the bond, under the penalty of $50 for each person so landed or put down within the City.
No person in this City shall inhumanly, unnecessarily or cruelly beat, injure or otherwise abuse any dumb animal.
No person in this City shall deal, play or engage in faro, roulette or other device or game of chance, either as banker, player, dealer or otherwise, for the purpose of gaming.
No person in this City shall have or keep, in any store, shop, restaurant, tavern, moving-picture theater, club, place of business, amusement, social activities or entertainment within the City, any game, machine or device, such as bagatelle, baseball, pinball, bowling, horse racing and machines or devices of like nature by whatever name known.
Police officers of the City are authorized to seize and hold, for such further disposition as is authorized by law, any game, machine or device, such as bagatelle, baseball, pinball, bowling, horse racing and machines or devices of like nature, by whatever name known, in any store, shop, restaurant, tavern, moving-picture theater, club, place of business, amusement, social activities or entertainment within the City.
No person in this City shall set up, keep or maintain, or permit to be set up, kept or maintained, in any house or premises occupied by him, any faro table, faro bank, roulette or other device or game of chance, hazard or address for the purpose of gaming, or any boxing ring, cockpit or other place for the exhibition of animals in fight. Police officers may enter upon any premises where any instrument or devices employed in gaming are used contrary to the provisions of this section and, except in the case of ball alleys, bowling alleys and billiard tables, may carry away and destroy such devices.
No person in this City shall keep or maintain a disorderly house or house of ill fame. No person shall permit his house, shop, store or other place connected therewith to be used, frequented or resorted to by riotous or disorderly persons, gamblers, vagrants or common mendicants between the hours of 5:00 p.m. and 7:00 a.m. No person shall make or assist in making any riot, noise or disturbance at any house, shop, store or other place within the City where dancing or other amusements are permitted.
[Amended 9-2-2015 by Ord. No. Z-366]
No person in this City shall appear in any street or public place in a state of nudity, or in an indecent or lewd attire, or shall make any indecent exposure of his or her person or be guilty of any lewd or indecent act or behavior or shall exhibit, sell or offer to sell any indecent or lewd book, picture or thing or shall exhibit or perform any indecent, immoral or lewd play or other representation.
No person in this City shall have in his possession or control for sale, exhibition or distribution, or shall sell or offer to sell, exhibit, give away, distribute upon or within any street, alley, park, school building or room, hall, theater, show house, newsstand, store or other place of business or entertainment, any book, pamphlet, paper, film or other thing containing obscene, lewd, immoral or otherwise indecent language, prints, pictures, figures or representations and manifestly tending to the corruption of morals.
No person shall post or display upon any billboard, fence, building, structure, store, window or public place or public house or in any manner expose to public view within the City as an advertisement any indecent poster, print or picture tending to represent the doing of any criminal act or representing indecently any part of the human body, tending to deprave the morals of individuals or shocking to the sense of decency or tending to incite the mind to acts of immorality or crime. The covering up or partial covering up of any such objectionable advertisement shall not relieve the offending party from the penalty imposed by this chapter.
The Mayor or the Chief of Police shall direct the Police Division to immediately remove such objectionable advertisements and retain the same as evidence against the offending person.
[Amended 11-17-1986 by Ord. No. V-79]
[Amended 11-4-1987 by Ord. No. V-140; 10-20-1993 by Ord. No. R-7]
No person shall urinate in any street, highway, thoroughfare or public place within the City of Hoboken.
[Added 2-17-1993 by Ord. No. P-217; amended 10-20-1993 by Ord. No. R-7]
No person shall have in their possession an opened container of any alcoholic beverage in a glass, bottle, can or any type of container on a public street, highway, avenue, alley or road of the City, or upon any public grounds, parks, sidewalks or marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin in said municipality.
The drinking of alcoholic beverages on the public streets of Hoboken is hereby prohibited. No person shall serve, sell, dispense, drink or consume any alcoholic beverage on a public street, highway, avenue, alley or road of the City, or upon any public grounds, parks, sidewalks or marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin in said municipality.
[Added 8-17-1994 by Ord. No. R-64]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- INDELIBLE MARKER
- Any felt tip marker, china marker or similar device that is not water soluble and which has a flat or angled writing surface 1/8 inch or greater, which is not ordinarily used as a writing instrument.
- Any person under the age of 18 years of age.
- Any person, partnership or corporation selling or offering for sale any of the items prohibited by this section.
No person, firm or corporation shall sell or offer for sale, transfer or offer to transfer any spray paint container or indelible marker unless such paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored, out of sight, in such a way as to prevent free and uninhibited access to the merchandise by the general public.
No person shall sell or otherwise transfer any spray paint container or indelible market to a minor, unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
No minor shall, at the time of purchase of items specified in Subsection B(2), knowingly furnish fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces or any document issued by a federal, state, county or municipal government.
Possession restricted. No minor shall be in possession, custody or control of a spray paint container or indelible marker unless under the supervision of a teacher or other school official or parent or legal guardian or under the auspices of an authorized school assignment.
Penalties. Violation of this section shall result in a penalty of no more than $500 or imprisonment not to exceed 90 days, or both.
Editor's Note: Former § 145-24, Display prohibited, was repealed 10-20-1993 by Ord. No. R-7.
[Added 12-3-2014 by Ord. No. Z-320]
The City of Hoboken shall not, for traffic enforcement purposes, implement or utilize any image-based automated traffic light and/or stop sign enforcement technology on any public street within the boundaries of the City of Hoboken, even if/when the City becomes authorized to do so under any permissive state law, rule, code, regulation or pilot program.
Editor's Note: This ordinance also repealed former § 145-25, Penalties for automated red light and stop sign photographic system violations, added 11-7-2007 by Ord. No. DR-332.
[Added 2-17-1993 by Ord. No. P-217; amended 10-20-1993 by Ord. No. R-7; 2-3-2010 by Ord. No. Z-28]
Any person violating any of the offenses set forth in this Chapter 145 shall, upon conviction, be subject to one or more of the following penalties: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.