[MC 1992-1, § I, January 21, 1992]
The following definitions apply to this article:
(a) "Gambling" means staking or risking something of value upon the outcome
of a game of chance or a future contingent event not under the actor's
control or influence, upon an agreement or understanding that he will
receive something of value in the event of a certain outcome.
(b) "Game of chance" means any contest, game, pool, gambling scheme or
gaming device in which the outcome depends in a material degree upon
an element of chance, not withstanding that skill of the contestants
or some other persons may also be a factor therein.
(c) "Public street or place" means any street, avenue, park, parkway,
highway, alley, semipublic or private roads, streets, privately and
publicly owned parking areas either open to or used by the public.
[MC 1992-1, § I, January 21, 1992]
(a) No person shall in or upon any public street or place play, deal
or engage in faro, roulette, dice or card game or other game of chance
or shall gamble in any form.
(b) No person shall aid, abet, assist or participate in faro, roulette,
dice or card game.
(c) This section shall not be construed to apply to the holding and operation
of games of chance commonly known as bingo or lotto under a license
duly issued under the provisions of the "Bingo Licensing Law," and the holding and operation of games of chance commonly
known as a raffle or raffles under a license duly issued under the
provisions of the "Raffle Licensing Law."
(d) Nothing contained in this section is intended or shall be construed
to prohibit any form of gambling permitted under N.J.S.A. 5:8-1 et
seq., entitled "Legalized Games of Chance," but is intended only to
regulate lawful gambling to protect the public welfare.
[R.O. 1957, 10:4-3, as amended August 5, 1963; MC 2017-34,
November 8, 2017]
No person shall drink any intoxicating liquors or be in possession
of an open container of alcohol on any street, highway, parking lot
or in any motor vehicle not on private property or upon private property
without the express consent of the owner.
[R.O. 1957, 10:4-3 (d)]
No person shall be in a drunk or intoxicated condition in or
on any public place or in any place open to the public.
No person in any public or private place shall lurk, lie in
wait or be concealed with intent to do any mischief or to commit any
crime or unlawful act.
[R.O. 1957, 10:4-4(d); amended MC 2001-36, § 1,
December 3, 2001]
(a) As used in this section:
(1)
"Prostitution" means sexual activity with another person in
exchange for something of economic value, or the offer or acceptance
of an offer made in or within view of a public place to engage in
sexual activity in exchange for something of economic value.
(2)
"Sexual activity" means and includes, but is not limited to,
sexual intercourse, including genital-genital, oral-genital, anal-genital,
and oral-anal contact, whether between persons of the same or opposite
sex, masturbation, touching of the genitals, buttocks, or female breasts,
sadistic or masochistic abuse or other deviant sexual relations.
(3)
"House of prostitution" means any place where prostitution or
promotion of prostitution is regularly carried on by a person under
the control, management or supervision of another.
(4)
"Promoting prostitution" means:
(A)
Owning, controlling, managing, supervising or otherwise keeping,
alone or in association with another, a house of prostitution or a
prostitution business;
(B)
Procuring an inmate for a house of prostitution or place in
a house of prostitution for one who would be an inmate;
(C)
Encouraging, inducing, or otherwise purposely causing another
to become or remain a prostitute;
(D)
Soliciting a person to patronize a prostitute;
(E)
Procuring a prostitute for a patron;
(F)
Transporting a person into or within this City with purpose
to promote that person's engaging in prostitution, or procuring
or paying for transportation with that purpose; or
(G)
Leasing or otherwise permitting a place controlled by a person,
alone or in association with others, to be regularly used for prostitution
or promotion of prostitution, or failure to make a reasonable effort
to abate such use by ejecting the tenant, notifying law enforcement
authorities, or other legally available means.
(5)
"Public place" means any place to which the public or any substantial
group thereof has access.
(b) No person shall:
(1)
Commit or agree to commit prostitution.
(3)
Be in or near any placed used or frequented by the public or
any public place for the purpose of inducing, enticing, or procuring
another to commit prostitution or promote prostitution.
(4)
Knowingly receive, offer or agree to receive any person into
any place or building for the purpose of performing an act of prostitution
or to knowingly permit any person to remain in any place or building
for prostitution purposes.
(5)
Knowingly promote prostitution of a child under eighteen (18)
whether or not the person mistakenly believed that the child was eighteen
(18) years of age or older, even if such mistaken belief was reasonable;
(6)
Promote prostitution of that person's spouse; or
(7)
Knowingly engage in prostitution with a person under the age
of eighteen (18), or if the person enters into or remains in a house
of prostitution for the purpose of engaging in sexual activity with
a child under the age of eighteen (18), or, if the person solicits
or requests a child under the age of eighteen (18) to engage in sexual
activity. It shall be no defense to a prosecution under this paragraph
that the person mistakenly believed that the child was eighteen (18)
years of age or older, even if such mistaken belief was reasonable.
(8)
Aid, abet, allow, permit or participate in the commission of
any of the acts prohibited in subsections (b)(1) through (b)8 above.
(c) A person shall be presumed to know that a premises is owned, leased,
rented, let, occupied or otherwise delivered up for occupancy for
any purpose prohibited herein or in Plainfield Municipal Code Section
6:5-9(q) if notice is given in writing (in Spanish and English) advising
of such prohibited activity occurring therein by United States Postal
Service mail, certified and return receipt requested and first class,
and posted at the premises in a conspicuous place.
(d) Any such premises may be declared a nuisance by the City Council
of the City of Plainfield and abated according to law.
[R.O. 1957, 10:4-4(d); amended MC 2001-36, § 1,
December 3, 2001]
(a) No person shall own, lease, rent, let, or otherwise deliver up for
occupancy, maintain or operate any house, building or any part thereof,
or otherwise where:
(1)
Prostitution, promoting prostitution, gambling, bookmaking,
lotteries, or the sale of tickets or participation rights in any lottery
not authorized by law or ordinance.
(2)
Any slot machine or device or apparatus designed for gambling
is kept; or,
(3)
It is used, frequented or resorted to by noisy or disorderly
persons or known criminals, gamblers, or other persons in such a way
as to create or maintain any violation of this section or any other
ordinance of the Plainfield Municipal Code.
(b) The offenses in subsection
(a) (1), (2), (3) are more fully described heretofore in this chapter.
[R.O. 1957, 10:4-4(a)]
No person shall beg or solicit alms or charity under false pretense
in any public or private places.
[MC 1983-5, § 1, March 7, 1983]
(a) Definitions:
OBSCENE FILM
Means any description, narrative account, or depiction of
sexual activity or anatomical area contained in, or consisting of,
a film or preview or trailer to a film, which by means of posing,
composition, format or animated sensual details:
(1)
Depicts or describes in a patently offensive way, ultimate sexual
acts, normal or perverted, actual or simulated, masturbation, excretory
functions, or lewd exhibition of the genitals;
(2)
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole, and
(3)
Is a part of a work, which to the average person applying contemporary
community standards, has a dominant theme taken as a whole, which
appeals to the prurient interest.
PERSON
Means a human being, a public or private corporation, an
unincorporated association, a partnership, or a sole proprietorship.
KNOWINGLY
Means:
(1)
Having knowledge of the character and content of the film described
herein; or
(2)
Having failed to exercise reasonable inspection which would
disclose its character and content.
EXHIBIT
Means to project a film at any motion picture theater or
other public place.
(b) Prohibition: It shall be unlawful for any person to knowingly exhibit,
show, or present an obscene film to a person eighteen (18) years of
age or older either in a theater or other public place within the
City.
(c) Posting ordinance: Within ten (10) days of the effective date of
this ordinance, the owner of a motion picture theater shall post and
maintain a copy of this ordinance in a conspicuous place near the
main entrance of the theater.
(d) Penalties: A violation of this ordinance shall be punishable by a
fine not to exceed Five Hundred Dollars ($500.00), imprisonment for
a term not exceeding ninety (90) days, or both, for each violation
committed hereunder.
[MC 2001-36, § 1, December 3, 2001]
A violation of Sections
10:7-9 and
10:7-10 of this Article 7 shall be punishable by a fine not less than One Thousand Dollars ($1,000.00), imprisonment for a term not exceeding six (6) months, or both, for each violation committed hereunder.
A violation of any other provision of this Article 7, other than Sections
10:7-9 and
10:7-10 shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), imprisonment for a term not exceeding ninety (90) days, or both, for each violation committed hereunder.