[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 1-7-1959.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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repealed in accordance with any future executive order modifying same:
A.
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.
B.
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.
(1)
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.
[1]
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.
[1]
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Unlawful use; damage or obstruction.
[Added 8-3-1966 by Ord. No. 273]
(1)
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.
(2)
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.
A.
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."
B.
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.
[1]
Editor's Note: Former § 145-13, Intoxication, was repealed
2-15-2017 by ORd. No. Z-467.
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.
A.
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.
B.
Gambling devices.
(1)
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.
(2)
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.
C.
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.
A.
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.
B.
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]
A.
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.
B.
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]
A.
INDELIBLE MARKER
MINOR
PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
B.
Prohibited conduct.
(1)
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.
(2)
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.
(3)
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.
C.
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.
D.
Penalties. Violation of this section shall result in a penalty of
no more than $500 or imprisonment not to exceed 90 days, or both.
[1]
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[1]]
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.
[1]
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.
