[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-16-1972 by Ord. No. 4-72 as Ch. 47 of the 1972
Code]
As used in this article, the following terms shall have the
meanings indicated:
Any male, female, individual, partnership or corporation.
It shall be unlawful for any person to go from door to door
or place himself in streets, highways or passages to beg or solicit
alms or charity; or to wander abroad and beg or solicit charity under
pretense of being or having been a soldier, marine or seafaring man;
or to claim a loss by fire or other casualty or by war or other pretense
or thing; or to wander abroad and lodge in taverns, inns, beer houses,
houses of entertainment, market houses, outhouses, barns or other
places, or in the open air, and not give a good account of himself;
and it shall be unlawful for persons to leave or threaten to leave
their families to be maintained by the Borough, township or county
or to become chargeable thereto, or for persons not having sufficient
property or means for their subsistence or support to live idly or
not engage in some honest employment or not provide for themselves
or families.
It shall be unlawful for any person to use or pretend to use
or have any skill in physiognomy, palmistry or like crafty science
or pretend to tell destinies or fortunes.
It shall be unlawful for any vagrants, vagabonds, common drunkards,
common thieves, burglars or pickpockets, common nightwalkers and common
prostitutes to frequent the public places or to be found within the
confines of the Borough.
It shall be unlawful for any person, by word, act, sign or any
device, to invite or solicit unlawful sexual intercourse or any other
unlawful, indecent, lewd or lascivious act.
It shall be unlawful for any person to be apprehended having
upon him any picklock, key, crow, jack, bit or other implement with
intent to break and enter into any building; or to have upon him any
pistol, hanger, cutlass, bludgeon or other offensive or dangerous
weapon with intent to assault any person; or to be found in or near
any dwelling house, warehouse, stable, barn, coach house, smokehouse
or in any place of public resort or assemblage for business, worship,
amusement or other lawful purpose with intent to steal any goods or
chattels.[1]
[Amended 8-28-1975 by Ord. No. 7:14-75; 4-28-2016 by Ord. No. 03:04-16; 6-22-2017 by Ord. No. 05:11-17]
A.
Open containers with alcoholic beverages prohibited; exceptions.
No person shall have in his possession any open bottle or other container
containing liquor, wine, beer or any other alcoholic beverage while
on any public highway, public street, public sidewalk or public parking
lot or lot, playground, park or other property owned by, belonging
to or over which the Borough of Bellmawr has control or any public
place in the Borough of Bellmawr, except those premises duly licensed
for the sale and consumption of alcoholic beverages on the premises.
B.
Exceptions. The Borough Council of the Borough of Bellmawr, for good
cause shown, may permit the drinking of beer at public parks or in
other public areas by a resolution of the Borough Council, which resolution
shall be preceded by a written request of the organization or organizations
seeking such permission, addressed to the Borough Council, and which
resolution shall state the hours within which such permission is granted
and the exact location where such permission shall be in force.
It shall be unlawful for any person to maliciously destroy,
damage or injure property of any kind.
It shall be unlawful for any person to dump on or tow to open
fields or other private property, without first obtaining the permission
of the owner of such property, any abandoned automobile parts or other
junk.
It shall be unlawful for any person to dump ashes, paper, junk,
refuse or garbage on any private property or on the public highways
of the Borough other than in those places designated by the Borough
as official dumps.
It shall be unlawful for any person to deposit ashes, paper,
junk, refuse or garbage for collection except in the following prescribed
manner:
A.
Garbage shall be put in a covered, leakproof container, and there
shall not be mixed in said garbage any ashes, junk, broken glass,
tin cans, etc.
B.
Ashes and refuse shall be deposited in a leakproof container.
C.
No container shall be used which, when filled, shall weigh more than
60 pounds.
D.
Ashes, paper, junk, refuse or garbage shall not be placed outdoors
for collection before the morning of the day when the same is to be
collected, unless the the same shall be adequately covered to prevent
the contents from being scattered.
It shall be unlawful for any person, by noisy or disorderly
conduct in a public library or reading or meeting room, to disturb
or interrupt the quiet and good order of those who resort to and use
such library or reading or meeting room for reading, study or meeting.
It shall be unlawful for any person to enter a building or go
upon lands belonging to a public school district or used and occupied
for school purposes by a public school and break, injure or deface
such building or any part thereof or the fences or outhouses belonging
to or connected with such buildings or lands or to disturb the exercises
of the school or molest or give annoyance to the children attending
such school or any teacher therein.
It shall be unlawful for any person to willfully and maliciously
ring or cause to be rung any bell or alarm of any fire company in
the Borough and thereby give or cause to be given a false alarm of
fire.
It shall be unlawful for any person, for pecuniary gain, to
solicit any person in the house of a family in which a death has recently
occurred for the purpose of selling or obtaining orders for funeral
wreaths, flowers or like merchandise.
A.
It shall be unlawful for any person to obtain food, lodging or other
accommodation or service at a hotel, inn, boarding or eating house,
culinary establishment or hospital with intent to defraud the owner
or keeper thereof.
B.
Proof that lodging, food or other accommodation or service was obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that the person refused or neglected to pay on demand or absconded without paying or offering to pay for such food, lodging or other accommodation or service, or that he gave in payment therefor negotiable paper on which payment was refused, or that he surreptitiously removed or attempted to remove his baggage, shall be prima facie proof of the fraudulent intent mentioned in Subsection A.
It shall be unlawful for any person to cast or throw any stick,
stone, pebble or other substance or to shoot from any air gun, machine
gun, shotgun, pistol or rifle any shot or ball at, against or into
any trolley car, street railway car, steam railroad car, electric
railroad car, railroad locomotive, motor omnibus or motor vehicle;
to place any stick, stone or other substance upon any street railway
passing thereon or the passengers therein; to unlawfully climb into
or upon any coal car, either in motion or standing at any of the stations
or depots of any railroad company in this state, and throw from the
same any coal; or to take up from the tracks or alongside the tracks
any coal so thrown from the cars.
It shall be unlawful for any person to spit on the floor, side,
seat or platform of any vehicle utilized as a public conveyance.
It shall be unlawful for any person to travel on any vehicle
used as a public conveyance without having paid his fare and with
intent to avoid payment thereof or for any person, having paid his
fare and having traveled on such vehicle used as a public conveyance
to a point where, under the rule of the company operating the same,
as announced by the conductor or operator or other person in charge
of the vehicle, an additional fare is due, to refuse or fail to pay
such additional fare or to leave such vehicle on demand.
It shall be unlawful for any person to trespass on any lands,
except fresh meadow land over which the tide has ebbed and flowed
continuously for 20 years or more, after being forbidden so to trespass
by the owner, occupant, lessee or licensee thereof or after public
notice on the part of the owner, occupant, lessee or licensee forbidding
such trespassing shall have been conspicuously posted.
It shall be unlawful for the owner of any horse or any other
animal which shall die to fail, within 12 hours after the death of
said animal, to bury it outside the Borough limits at least four feet
underground.
A.
It shall be unlawful for any person owning or having charge or care
of or keeping any cattle, horses, swine, sheep, goats or other animals
to permit them to go at large on any public highways, squares, places
or open lots within the Borough.
A.
It shall be unlawful for any person to make or start or cause to
be made or started any bonfire or any grass, rubbish or other fire
of any kind for any purpose.
B.
This section shall not apply to fires in stoves, ranges, heaters,
fireplaces, fireboxes or screened containers constructed for that
purpose.
No person shall place, insert or attach any coin or metal of
any description in any electric cutout, cabinet box, fuse opening,
switch or panel box which is not intended for the proper and lawful
use of said apparatus or equipment.
It shall be unlawful for any person to make, aid, countenance
or assist in making any improper noise, riot or breach of the peace
in the streets or elsewhere within the Borough.
It shall be unlawful for any person to behave in a disorderly
manner within the Borough.
It shall be unlawful for any person to make or assist in making
any riot, noise or disturbance at any place in the Borough where dancing
or other amusements are permitted.
It shall be unlawful for any person to willfully and purposely
disquiet, interrupt or disturb any assembly of people met for religious
worship by noisy or indecent behavior within or about the place of
worship.
A.
It shall be unlawful for any person to profanely swear and curse
or make use of any indecent language along the streets or public places
of the Borough.
B.
It shall be unlawful for any person to behave in an insulting manner
or insult any person passing along the streets and public places of
the Borough.
It shall be unlawful for any persons to collect in crowds for
idle or unlawful purposes to the disturbance of citizens or travelers.
A.
It shall be unlawful for any person to injure, deface or destroy
any Borough fire apparatus or to hinder or obstruct any Borough fire
company or hook and ladder company, or any member thereof, from freely
passing along the streets in said Borough to and from any fire, or
hinder or obstruct the operations of the Fire Department or of any
member thereof at any fire.
B.
It shall be unlawful for any unauthorized person to have in his possession,
or make or cause to be made, or use or cause to be used, any key or
keys of any fire engine, truck house, alarm box or other fire equipment.
C.
It shall be unlawful for any person not a member of the Fire Department
to use or wear the uniform or any part thereof regularly used by the
members of said Department.
It shall be unlawful for any person to shoot, cast or project
any shot, arrow or other missile at any bird or animal.
It shall be unlawful for any person to carelessly or recklessly
drop, throw or project any stick, stone, snowball or other missile
of any kind in a manner liable to maim or injure any person or damage
the property of any person.
A.
It shall be unlawful for any person to willfully break or cause to
be broken any pane of glass, window or door or to throw or strike
at any pane of glass, window or door.
B.
It shall be unlawful for any person to break, deface or damage any
house or building or appurtenance thereof or any fence, pillar or
post belonging thereto without leave of the owner or occupier.
It shall be unlawful for any person to damage or attempt to
damage any public buildings or Borough property.
It shall be unlawful for any person to enter any house, garden
or enclosure and break, cut, root up or otherwise destroy any tree,
shrub or plant there growing without leave of the owner or occupant.
It shall be unlawful for any person to write or mark, or cause
to be written or marked, any obscene or offensive word or figure on
any wall, fence, porch, post, building or enclosure, pavement or public
street.
It shall be unlawful for any parent or guardian to permit his
or her minor children to violate any of the provisions of this article
or any of the statutes of the State of New Jersey concerning misdemeanors.
It shall be unlawful for any person or persons to engage in
any fight or combat with fists, sticks, clubs or any other instrument
or implement, and it shall also be unlawful for any person or persons
to aid or assist in any fight or combat.
It shall be unlawful for any ragpicker, scavenger or other person
to cut, untie or otherwise unbundle on any street, highway or public
place any paper or other combustible rubbish or refuse so tied or
fastened together and placed for collection by any householder, owner,
occupant or tenant on the sidewalk in front of or alongside of the
property of such householder, owner, occupant or tenant.
It shall be unlawful for any person, with intent to cheat or
defraud, to obtain from another any money or anything of value upon
a promise or agreement to procure or to endeavor to procure for such
other person any employment or a loan of money or anything of value.
A.
It shall be unlawful for any person to knowingly or designedly, by
means of any false statement made orally or in writing, obtain from
the Borough or from any officer, committee, commission or body thereof,
or from any private or charitable organization or association of any
kind, under pretense that he is poor and needy or out of employment,
any money, personal property or other valuable thing.
B.
It shall be unlawful for any person, by false representations as
to his financial situation, to obtain from any department of public
welfare or overseer of the poor of the Borough financial or other
assistance in any form.
It shall be unlawful for any person to operate or cause to be
operated, or to attempt to operate or attempt to cause to be operated,
any automatic vending machine, slot machine, coin-box telephone or
other receptacle designed to receive lawful coin of the United States
of America in connection with the sale, use or enjoyment of property
or service, by means of a slug or any false, counterfeited, mutilated,
sweated or foreign coin or by any means, method, trick or device whatsoever
not lawfully authorized by the owner, lessee or licensee of such machine,
coin-box telephone or other such receptacle, or to take, obtain or
receive from or in connection with any such automatic vending machine,
slot machine, coin-box telephone or other such receptacle any goods,
wares, merchandise, gas, electric current, article of value or the
use or enjoyment of any telephone or telegraph facilities or service
or of any musical instrument, phonograph or other property or service,
without depositing in and surrendering to such machine, coin-box telephone
or receptacle lawful coin of the United States of America in the amount
required therefor by the owner, lessee or licensee of such machine,
coin-box telephone or receptacle.
A.
It shall be unlawful to play for money or other valuable thing at
cards, dice or other games with one or more die or dice or with any
other instrument, engine or device in the nature of dice having one
or more figure or figures or number or numbers, or at billiards, pool,
tennis, bowls or shuffleboard, or A.B.C. or E.O. table or other tables,
or at faro bank or other banks of a like nature by whatever name known,
or with any slot machine or device in the nature of a slot machine,
or with any other instrument, engine, apparatus or device having one
or more figure or figures or number or numbers thereon.
B.
It shall be unlawful for any person to have or keep in his place
of business or other premises any slot machine or device in the nature
of a slot machine which may be used for the playing for money or other
valuable thing.
A.
It shall be unlawful for any person to habitually or otherwise buy
or sell what is commonly known as a pool, or any interest or share
in any such pool, or to make or take what is commonly known as a book,
upon the running, pacing or trotting, either within or without this
state, of any horse, mare or gelding, or to conduct the practices
commonly known as bookmaking or pool selling, or to keep a place to
which persons may resort for engaging in any such practices or for
betting upon the event of any horse race or other race or contest,
either within or without this state, or for gambling in any form,
or for any person to aid, abet or assist in any such acts.
B.
Whenever any furniture, gaming apparatus or implements made or used
for gambling or any unlawful game shall be seized by the police, constabulary
or other officers, the Director of Public Safety of the Borough where
such seizure is made shall have the same destroyed or rendered useless
for the uses and purposes aforesaid, and it shall be unlawful to return
them to the person or persons owning the same or to any other person,
except the duly constituted law or police officers of the county and
state.
Any person violating any provision of this article shall, upon
conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment
in the county jail for a term not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof,
in the discretion of a court of competent jurisdiction. Each and every
day that such violation shall continue shall be a further and separate
offense under the terms of this article, subject to the penalties
herein prescribed.
All fines imposed and collected under and by virtue of this
article shall be paid into the treasury of the Borough.
[Adopted 3-16-1972 by Ord. No. 4-72 as Ch. 78 of the 1972
Code]
The parents or guardians of any minor under the age of 18 years
living with said parents or guardians shall be responsible for the
payment for willful or malicious damage to property caused by any
such minor.
The finding by the Bellmawr Municipal Court that said damage
to property was willfully or maliciously caused by said minor shall
be sufficient to determine the liability upon such parent or guardian,
and the Court may then fix the amount and method of payment of compensation
to be paid by such parent or guardian.
Failure to make such payment or payments as fixed by the Municipal
Court shall be deemed to be a violation of this article, and, upon
conviction thereof, the violator shall be punishable by a fine not
exceeding $2,000 or imprisonment in the county jail for a term not
exceeding 90 days or a period of community service not exceeding 90
days, or any combination thereof.
