Borough of Spotswood, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. XXII of the 1969 Revised General Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No. 278, as amended through 9/94). Subsequent amendments noted where applicable.]
A code defining and prohibiting certain matters, things, conditions or acts as a nuisance; prohibiting certain noises or sounds; requiring the proper heating of apartments; prohibiting lease or rental of certain buildings; prohibiting spitting in or on public buildings, conveyances or sidewalks; authorizing the inspection of premises by an enforcing official; providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Division of Health in removing or abating such nuisances; and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of the code is annexed to and made a part of this chapter without the inclusion of the text.
The code established and adopted by this chapter is known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the Public Health Nuisance Code of New Jersey (1953) shall be placed on file in the office of the Clerk and shall remain on file for the use and examination of the public.
[Amended 12-18-2006 by Ord. No. 2006-20]
The code is amended in Section 10.1 to read as follows:
"10.1. The provisions of this Code shall be enforced by the Board of Health or enforcing officials. The filing of a summons and complaint by a citizen for a violation of this code, upon a finding of probable cause, shall not be precluded by this section.
[Added 12-18-2006 by Ord. No. 2006-20]
Any person who shall violate a provision of the article shall, upon conviction thereof, be punished by one or more of the following: a fine not exceeding $2,000 and/or by imprisonment for a term not exceeding 90 days and/or by a period of community service not exceeding 90 days. Each and every day upon which a violation of any provision of this article exists shall constitute a separate violation.
[Added 4-15-2019 by Ord. No. 2019-03]
The following is hereby now declared to be public nuisance and is hereby subject to the remaining provisions of this chapter.
A. 
Massage parlors or model studios used for purposes of lewdness, assignations or prostitution are places of public nuisance.
[Added 4-15-2019 by Ord. No. 2019-03]
In the event that the Borough of Spotswood Director of Public Safety finds that a public nuisance exists with respect to any of the establishments referred to in § 140-6, the Borough of Spotswood shall follow the procedures set forth in § 140-7 of the Code of the Borough of Spotswood, Notice of obscene material or action, and § 140-8, Types of proceedings, of the Code of the Borough of Spotswood.
[Added 4-15-2019 by Ord. No. 2019-03]
A. 
Actual notice of the obscene nature of such material, performance, or activity may be given to a person involved in or responsible for such from the Director of Public Safety on the basis of information lawfully gathered and supplied to him/her by the Department of Public Safety or citizens.
(1) 
Such notice shall be in writing and delivered by mail or in person to the alleged offender.
(2) 
Such notice shall state that:
(a) 
In the opinion of the Department of Public Safety, the activity engaged in falls within the prohibition of § 140-6.
(b) 
That if such activity has not ceased within seven judicial days, the Borough of Spotswood will take appropriate legal action; and
(c) 
That the declaratory judgment proceeding as described in § 140-8.
B. 
A person who promotes any obscene activity as prohibited in § 140-6 in the course of his business is presumed to do so with knowledge of its content and character.
[Added 4-15-2019 by Ord. No. 2019-03]
A. 
In rem proceedings.
(1) 
The Director of Public Safety may apply to the Municipal Attorney to institute an attachment proceeding against any material which is alleged to be obscene in a sworn affidavit.
(2) 
Upon filing of an application for attachment authorized in Subsection A(1) of this section, the Director of Public Safety shall immediately cause notice thereof to be served either personally o by mail upon any person residing or doing business in the Borough who is known or believed by the Director of Public Safety to have any of the following interests in material named in the complaint.
(a) 
The publisher; and
(b) 
The wholesaler, distributor, circulator; and
(c) 
Every retailer or dealer who has, or may have, possession of any material identical to material named in the complaint.
B. 
Declaratory judgement.
(1) 
Any person receiving notice, in writing, from the Director of Public Safety under § 140-7A that a specified activity is obscene may bring action against the Borough for a declaratory judgment to determine whether such activity is obscene.
(2) 
If it is adjudged and declared by the court that such activity is obscene, then the Borough Clerk may cause the publication of such judgment in a newspaper of general circulation in the Borough of Spotswood and upon such publication all persons residing or doing business in the Borough of Spotswood will be presumed to have actual notice of the nature of the activity.
C. 
Criminal prosecution.
(1) 
The Municipal Attorney and the Director of Public Safety may cause charges to be brought against any person presently engaging in or who has engaged in any prohibited activity in violation of this article.
(2) 
If the Municipal Attorney has given notice pursuant to § 140-6.1 then such criminal charges may be brought only after seven judicial days after receipt of said notice.
D. 
Injunction.
(1) 
If the Municipal Attorney may seek a temporary restraining order in Superior Court in order to enjoin any obscene performance or the service of patrons in violation of this chapter.
E. 
Proceedings authorized by this section shall be in addition to any others provided by law.
[Added 4-15-2019 by Ord. No. 2019-03]
It shall be unlawful for any person to appear or travel on any street, avenue, highway, road, parking area, park or playground or other public places, or to appear in any store or commercial location in the Borough of Spotswood in a state of nudity, other than in a shower room or changing area. A person shall be found in a state or nudity when his clothing or absence of clothing completely exposes to the view of others his or her anus, genitals, public area, or in the case of a female, breasts below the areola.
[Added 4-15-2019 by Ord. No. 2019-03]
A. 
Penalties shall be in accordance with applicable New Jersey statutes, specifically N.J.S.A. 2C:34-1 et seq.
B. 
Any person who shall violate any provision of § 140-6 through § 140-9 or who shall do any act made unlawful by these sections shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than three months or both.