Borough of Roselle Park, NJ
Union County
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Table of Contents
Table of Contents
Editor's Note: Penalties for Code violations shall be at the discretion of the Municipal Judge upon conviction. See Chapter 1, § 1-5.
[1980 Code § 75-21; New; Ord. No. 2216; Ord. No. 2253 § 1]
No person shall within the limits of the Borough of Roselle Park consume any alcoholic beverage or have in his possession any unsealed alcoholic beverage container with alcoholic beverages therein:
a. 
In the parking area adjacent to any licensed premises for the sale of alcoholic beverages; or
b. 
No person shall drink, imbibe or consume any alcoholic beverage upon any portion of lawn or other public grounds within the Borough, including but not limited to public places, playgrounds and municipal grounds surrounding municipal buildings and public streets in the Borough.
c. 
The possession by any person of an open container of any alcoholic beverage in any of the aforementioned public places shall constitute a prima facie violation of Subsection b hereof that any person so possessing an open container of any alcoholic beverage in any of the aforementioned public places is actually observed in the act of drinking therefrom.
[1980 Code § 75-22]
For the purpose of Subsection 3-1.1, a container shall be regarded as "unsealed" when:
a. 
Its top or cork has been removed;
b. 
Any of its contents have been removed;
c. 
The government tax stamp has been removed or broken;
d. 
In the case of a metal container, the container has been opened in any fashion; or
e. 
In the case of a twist-top container, the original seal has been broken.
[1980 Code § 75-23]
None of the foregoing provisions shall apply to any public park or public picnic area where the consumption of alcoholic beverages at occasions or events held by bona fide nonprofit organizations or other groups is specifically permitted by resolution of the Mayor and Council, nor shall any of the provisions of this section in any way interfere with the authority of the New Jersey Division of Alcoholic Beverage Control and/or the Mayor and Council to issue temporary licenses for the consumption of alcoholic beverages pursuant to law.
[1980 Code § 75-24; New]
Any person found guilty of violation of any provision of this section shall be liable, upon conviction, for the penalty stated in Chapter 1, § 1-5.
[1980 Code § 75-16]
It shall be unlawful for any person to sell, distribute, possess or consume any alcoholic beverage while on the property of the Board of Education of the Borough of Roselle Park.
[1980 Code §§ 75-19, 75-20; New]
a. 
Prohibited Transfers; Exception. It shall be unlawful for any person to sell, distribute, transfer, give or by any other means supply any beer, wine, alcohol or alcoholic beverage to any person under the legal age to purchase such beverages in any public or quasi-public place, or while in or on a public street or thoroughfare, or while in a parked vehicle on any street or public thoroughfare in the Borough; provided, however, that such transfers between a parent and his or her minor child shall be permitted.
b. 
Violations and Penalties. Any person who violates the provisions of Subsection a above shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[1980 Code § 82-1]
As used in this chapter:
BICYCLE
Shall mean any two-wheeled vehicle having a rear drive wheel which is solely human-powered and having a seat height of twenty-five (25) inches or greater when the seat is in the lowest adjustable position.
[1980 Code § 82-2]
No person residing in the Borough shall operate a bicycle upon any public street or other public place within the Borough unless such bicycle has been registered with the Police Department, as evidenced by a registration decal which shall be attached to such bicycle.
[1980 Code § 82-3; New]
a. 
Every person required under the terms of this section to obtain a registration decal shall apply for and procure the same from the Roselle Park Police Department at a fee of one ($1) dollar.
b. 
The registration decal shall be fastened to the frame of the bicycle in a place to be determined by the Chief of Police. Removal of the decal shall be grounds for revocation of the registration.
c. 
No person shall willfully or maliciously remove, destroy, mutilate or alter the registration decal during the period for which such decal is operative.
d. 
Every person shall within ninety (90) days after acquiring a bicycle obtain a registration decal as set forth above. A registration decal shall be valid for as long as the person owns the bicycle. The Police Department shall also issue a registration card to each owner and keep a record of each registration.
e. 
The Police Department, for identification purposes, shall stamp a number on the frame of the bicycle on which no serial number can be found or on which the original serial number is illegible.
[1980 Code § 82-4]
A registration decal shall only be issued by the Roselle Park Police Department upon a satisfactory showing by the applicant to the registration authority that the bicycle is in a safe mechanical condition.
[1980 Code § 82-5]
No person shall operate a bicycle upon the sidewalks of the Borough in a careless or reckless manner. No operator of the bicycle shall leave a bicycle lying on or standing upon the sidewalk in such a manner as to hinder or impede pedestrians.
[1980 Code § 82-5.1]
a. 
No person shall ride a bicycle upon the sidewalks of the central business district of the Borough. Any bicycle operator shall dismount and walk his bicycle on the sidewalks of the central business district.
b. 
The "central business district" is defined as the sidewalks on the east and west sides of Chestnut Street from Westfield Avenue to Grant Avenue and the sidewalks on the north side of Westfield Avenue from Locust Street to a point three hundred seventy-four (374) feet from the intersection of the easterly side line of Chestnut Street and the northerly side line of Westfield Avenue.
[1980 Code § 82-6]
Every licensee under this section who sells or transfers ownership of a bicycle shall notify the Roselle Park Police Department of the sale or transfer within seventy-two (72) hours and at the same time furnish the Police Department with the name and address of the new owner.
[1980 Code § 82-7]
a. 
The intent of this section is not the prosecution of children, but the education and training of children for their own and the community welfare. Failure to comply with or the violation of any provisions of this section or with the safety regulations promulgated by the Chief of Police may also subject the operator to the authority having jurisdiction over juvenile offenders.
b. 
The Police of the Borough may inspect any bicycle on any public street or place at any time to ascertain whether or not it has been properly registered, or has a registration decal properly fixed thereto, and is in proper mechanical condition to be operated safely. In the event that a bicycle is being used or operated without the registration decal or is in such condition as to be unfit for safe operation or there is a failure to comply with the requirements of this chapter, the Police may impound the bicycle until such time as the owner or registrant has procured the necessary registration decal or has agreed to render the bicycle safe for use or has fully complied with all requirements of this section.
c. 
Whenever any bicycle shall be impounded for violation of the provisions of this section, it shall be surrendered at the expiration of the impounded period to the owner, parents or the guardian of the offender on the payment of a charge for storage, at the discretion of the Chief of Police, but, if a charge is made, it shall not exceed two ($2) dollars for the first impoundment and five ($5) dollars for the second impoundment. In the case of seizure of a bicycle because it has been found in the possession of a person, firm, partnership or corporation not the legal owner thereof, it shall be sold at public auction after the expiration of six (6) months from the date of seizure. Notice containing a description of the bicycle shall be published in a newspaper circulating in the Borough of Roselle Park at least one (1) week prior to the date of the sale. The proceeds of the sale shall be remitted to the treasurer of the registration fund.
d. 
Any person over the age of eighteen (18) years who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding fifty ($50) dollars.
[1980 Code § 123-1]
The Mayor and Council have determined that certain individuals have vandalized, defaced and otherwise damaged tangible property by use of what is commonly known as graffiti; that spray paint and indelible markers have been used to permanently deface public and private property; that the marring of such property has contributed to the degradation of neighborhoods and public places; that the easy application and ready accessibility to spray paints and indelible markers have facilitated their misuse by minors and have hindered enforcement agencies from preventing persons from defacing public and private property or apprehending those permitting such conduct; and that a substantial portion of the defacement of public and private property has been caused by minors using spray paints and indelible markers, obtained both legally and illegally.
[1980 Code § 123-2]
As used in this chapter:
GRAFFITI
Shall mean the painting, writing, drawing or otherwise inscribing in any fashion and using any type of materials, regardless of the content, on public or private property without the prior permission of the owner of the private property, including the Board of Education of Roselle Park or the Borough of Roselle Park as it relates to public property.
INDELIBLE MARKER
Shall mean any felt tip marker, china marker or similar device that is not water soluble.
MINOR
Shall mean any person under the age of eighteen (18) years.
SPRAY PAINT
Shall mean any paint or pigmented substance in an aerosol or similar spray container or intended use in an aerosol or similar spray container.
[1980 Code § 123-3; New]
No person shall purposely or knowingly vandalize, deface or otherwise damage the tangible property of another, either public or private, by painting, writing, drawing or otherwise inscribing graffiti by use of any indelible marker, spray paint or other devices.
The Borough may cover any graffiti it deems necessary to protect peace and good order. This shall include private property.
[1980 Code § 123-4]
a. 
No retail establishment or persons shall purposely or knowingly sell or otherwise transfer any spray paint container or indelible marker, which has a writing surface greater than one-half (1/2) of an inch, to a minor, unless the minor is exercising First Amendment rights protected by the Federal and New Jersey State Constitution, such as freedom of speech or free exercise of religion, and unless prior notice is given by the minor to the Borough by delivering to the Borough Clerk a written communication signed by the minor and countersigned by a parent or guardian, where practicable, which notice describes the amount of spray paint and/or number of indelible markers to be purchased, in what manner and for what First Amendment right the minor will be purchasing the spray paint and/or indelible marker(s). Upon such notification, the minor will be issued a special permit by the Borough Clerk to purchase spray paint or indelible markers, which permit will be collected by the retailer at the time of purchase and all permits collected by the retailer in any one (1) month shall be returned to the Borough Clerk on or about the first of the following month.
b. 
No minor shall, at the time of the purchase of the items referred to in Subsection a above, knowingly furnish fraudulent evidence of age of majority, including but not limited to a motor vehicle operator's license, a registration issued to a member of the Armed Forces or any document issued by a Federal, State, County or municipal government.
[1980 Code § 123-5; Ord. No. 2223 § I]
a. 
Any person violating any provision of this section shall be liable to the penalty stated in Chapter 1, § 1-5.
b. 
As a condition of sentencing, the Municipal Court shall have the authority to order that an offender be responsible for cleaning, repairing, painting or paying to restore damaged property where applicable, to the condition it was in prior to being damaged. In the event that the offender is unable, for any reason, to comply with the above, the Municipal Court shall have the authority to order the offender to make the necessary monetary restitution to restore the property to its original undamaged condition.
c. 
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of a minor under eighteen (18) years of age who fails or neglects to exercise reasonable supervision and control of the conduct of such minor, shall be liable in a civil action for any destruction or damage caused by such minor offender under the provisions of this section.
d. 
By this subsection, the Borough authorizes and directs the creation of a Graffiti Trust Account to be maintained by the Borough for the following purposes:
1. 
To collect, obtain, maintain and distribute the sums described as "monetary restoration to restore the property to its original undamaged condition" described in Subsection b above. The trust account created for this purpose shall be entitled "Graffiti Trust Account." The Borough Council and Borough Clerk shall control the allocation of the funds in the Graffiti Trust Account for the remediation of graffiti within the Borough of Roselle Park, which shall include cleaning, repairing, painting or otherwise restoring the damaged public property to the condition it was prior to the damage incurred. Any remediation of public property, subject to graffiti may be funded by the funds contained in the Graffiti Trust Account, at the discretion of the Borough Council and the Borough Clerk.
2. 
Any private property that has been subjected to graffiti shall not be eligible for remediation out of the funds in the Graffiti Trust Account.
3. 
The Roselle Park Police Department and the members of the Borough Code Department are hereby authorized to issue a notice to the owner or tenant of private property of the discovery of graffiti. The owner or tenant of the private property must remediate the damage/graffiti within thirty (30) days of the initial notice of graffiti as described above. Any private property owner who fails to remediate this property as described above within thirty (30) days of the notice of damage shall be subject to a mandatory fine of fifty ($50) dollars for the first violation and one hundred ($100) dollars for the second and subsequent violation. If the graffiti/damage remains unremediated for a period of thirty (30) days, the owner or tenant of the private property will be subject to a daily fine of fifty ($50) dollars per day for every day in which the property in question remains unremediated. The fines collected pursuant to this Subsection 3-3.5 shall be deposited into the Graffiti Trust Account as described above.
4. 
Any owner or tenant of private property subject to this provision shall be entitled to receive restitution for the fine assessed in this subsection from the individual responsible for the graffiti and/or damage, or parent or guardian thereof.
[1980 Code § 17-1]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free School Zone Map produced on or about November 15, 1987 by Donald R. Guarriello, Municipal Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or School Board and of the areas on or within one thousand (1,000) feet of such school property.
[1980 Code § 17-2]
The Drug-Free School Zone Map approved and adopted pursuant to Subsection 3-4.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000) feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[1980 Code § 17-3]
The School Board, or the Chief Administrative Officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes.
[1980 Code § 17-4]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-4.1 of this section and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that such copy is a true copy of the Map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this chapter shall be provided without cost to the County Clerk and to the office of the Union County Prosecutor.
[1980 Code § 17-5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-4.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that, pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the Borough;
2. 
The boundaries of the real property which is owned by or leased to such schools or a School Board;
3. 
That such school property is and continues to be used for school purposes;
4. 
The location and boundaries of areas which are on or within one thousand (1,000) feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by a school or School Board and was being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7.
c. 
Pursuant to the provisions of N.J.S.A. 2C:35-7, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-4.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or School Board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in N.J.S.A. 2C:35-7, concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[1980 Code § 17A-1]
a. 
In accordance with and pursuant to the authority of N.J.S.A. 39:4-50(g), the Drug-Free School Zone Map produced on or about November 15, 1987, by Donald R. Guarriello, Borough Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or School Board and of the areas on or within one thousand (1,000) feet of such school property. Pursuant to the above cited authority, the Drug-Free School Zone Map shall also be designated as the DWI School Safety Zone for the purposes of enforcing the enhanced penalty outlined in N.J.S.A. 39:4-50(g)(3).
b. 
In addition, and in accordance with and pursuant to the authority N.J.S.A. 39:4-50(g), those areas designated as "school crossings," as defined in N.J.S.A. 39:1-1, and more specifically designated on the map attached to this section[1] and made a part hereof as school crossings, is also approved and adopted as the official finding and record of the location of those school crossings. Pursuant to the above cited authority, and pursuant to N.J.S.A. 39:4-50(g)(2), those areas designated as school crossings are to be included in the DWI School Safety Zone for the purposes of enforcing the enhanced penalty outlined in N.J.S.A. 39:4-50(g)(3).
[1]
Editor's Note: This map is on file in the Borough offices.
[1980 Code § 17A-2]
The DWI School Safety Zone Map approved and adopted pursuant to Subsection 3-5.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000) feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes, and the school crossings approved and adopted pursuant to Subsection b of Subsection 3-5.1 shall continue until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to locations and boundaries of school properties and DWI school safety zones and school crossings.
[1980 Code § 17A-3]
The School Board, or the Chief Administrative Officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes or any change in the location of any school crossing.
[1980 Code § 17A-4]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-5.1 and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the Office of the Union County Prosecutor.
[1980 Code § 17A-5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-5.1 and the school crossings designated were prepared and are intended to be used as evidence in prosecutions arising from the criminal and motor vehicle and traffic regulations and laws of this State, and that, pursuant to State law, such map and designated school crossings shall constitute prima facie of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or School Board;
3. 
That such school property is and continues to be used for school purposes;
4. 
The location and boundaries which are on or within one thousand (1,000) feet of such school property;
5. 
Location of any school crossing.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by a school or School Board and was being used for school purposes as of December 1, 1999, that being the effective date of N.J.S.A. 39:4-50(g).
c. 
Pursuant to the provisions of N.J.S.A. 39:4-50(g), a prosecutor is entitled to use interchangeably the Drug-Free School Zone Map outlined as Subsection 3-5.1 of the Revised General Ordinances of the Borough of Roselle Park for the DWI School Safety Zone Map in pursuing prosecutions pursuant to paragraph 1 of subsection G of N.J.S.A. 39:4-50.
d. 
The DWI School Safety Zone map contains additional information from the Drug-Free School Zone Map in that the DWI School Safety Zone map contains notations as to the locations of all official school zone crossings as defined by N.J.S.A. 39:1-1.
e. 
All of the requirements set forth in N.J.S.A. 2C:35-7, concerning the preparation, approval and adoption of a Drug-Free School Zone Map were complied with. Therefore, pursuant to N.J.S.A. 39:4-50, the DWI School Safety Zone Map which was taken directly from the Drug-Free School Zone Map aside from the modifications as noted above, is in compliance of all requirements of N.J.S.A. 39:4-50.
f. 
In the event that the Drug-Free School Zone Map as active pursuant to Subsection 3-4.1 is updated in such a manner as to change the location of the one-thousand-foot demarcation line surrounding schools within this district, and the DWI School Safety Zone Map is inadvertently not amended to reflect such changes, the most recent of the two (2) maps shall control and be applicable to the above cited Code section.
[Ord. No. 2488-2017 § 1]
This section shall be known and may be cited as, "Smoking on Public Property Prohibited."
[Ord. No. 2488-2017 § 2]
Pursuant to N.J.S.A. 40:48-2, the Governing Body of a municipality may make, amend, repeal, and enforce such ordinances, regulations, rules, and by-laws not contrary to the laws of the State of New Jersey or of the United States of America, as it may deem necessary and proper for good government, order, and protection of persons and property, and for the preservation of the public health, safety, and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law.
Previous State legislation which prohibited municipalities from passing strict local smoking laws that differed from the State standards have been repealed and the State of New Jersey now expressly authorizes municipalities to enact strict ordinances regulating smoking under N.J.S.A. 26:3D-63.
N.J.S.A. 2C:33-13(b) also provides that the owner and/or operator of a public place, such as public parks and recreational areas, may prohibit smoking on said property.
The Roselle Park Governing Body recognizes the well-known health and safety risks posed by smoking and finds that it is within the public interest to prohibit smoking in public buildings and on Borough owned public property, such as public parks and recreational areas.
The Roselle Park Governing Body also finds that the appearance of public parks and recreational areas can be enhanced and the limited resources of the Borough of Roselle Park Department of Public Works can be conserved if smoking was banned from such areas, thereby keeping such areas free of the litter typically generated by the smoking of cigarettes, such as cigarette butts, ashes, and packaging.
[Ord. No. 2488-2017 § 3]
ENCLOSED AREA
Shall mean all areas between a floor and ceiling, extending to the outer perimeter walls of the structure.
MUNICIPAL BUILDINGS AND GROUNDS
Shall include all structures and property owned, leased, rented, and/or operated by the Borough of Roselle Park, and/or occupied by Borough employees and used for official business of the Borough of Roselle Park.
PARKS AND RECREATIONAL FACILITIES
Shall include all public parks, playgrounds, ball fields, publicly owned or leased by the Borough of Roselle Park and all property owned or leased by the Borough of Roselle Park upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to, any parking area, driveway, or drive aisle.
SMOKING
Shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Ord. No. 2488-2017 § 4]
a. 
Smoking shall be prohibited in all municipal buildings as defined herein. No smoking signs or the international "no-smoking symbol" (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each enclosed area where smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
b. 
Smoking shall be prohibited within a twenty-five foot radius of the front entrance of all municipal buildings. No smoking signs or the international "no-smoking symbol" (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the twenty-five foot perimeter of the front entrance of all Municipal Buildings where smoking is prohibited by the section. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
c. 
Smoking shall be prohibited in all public parks and recreational facilities owned or leased by the Borough of Roselle Park and all property owned or leased by the Borough of Roselle Park upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to, any parking area, driveway, or drive aisle. The Roselle Park Municipal Complex, inclusive of the Municipal Court and Police Department, shall be specifically exempt from the provisions of this Subsection c, but shall be subject to all provisions set forth in Subsection b of this subsection. No smoking signs or the international "no-smoking symbol" (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each enclosed area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
d. 
Smoking shall be prohibited in all vehicles registered to the Borough of Roselle Park.
[Ord. No. 2488-2017 § 5]
The enforcement authority of this section shall be the Roselle Park Police Department and the Roselle Park Deputy Code Enforcement Officer.
[Ord. No. 2488-2017 § 6]
a. 
Unless another penalty is expressly provided by New Jersey Statute, every person convicted of a violation of any subsection of this section or any supplement hereto shall be subject to a fine not less than two hundred fifty ($250) dollars for the first offense and a fine of not less than five hundred ($500) dollars for each subsequent offense.
b. 
Any municipal employee found in violation of this section may, in addition to the violation and penalties set forth herein, be subject to discipline in accordance with the provisions of the Borough of Roselle Park's policies and procedures.
[1]
Editor's Note: These provisions were enacted as part of the Clean Communities Program.
[1980 Code §§ 136-10, 136-11]
As used in this section:
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material, or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
[1980 Code § 136-10]
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
[1980 Code § 136-11; amended 8-15-2019 by Ord. No. 2583]
a. 
Required in Public Places. Litter receptacles and their servicing are required at the following public places which exist in the Borough, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear 1/10 mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service stations island; shopping centers; parking lots; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
[Added 8-15-2019 by Ord. No. 2583[1]]
It shall be unlawful for any individual to use Borough-owned litter baskets and/or containers to dispose of any material (including but not limited to household garbage, building materials, sewage, toxic liquids or waste, etc.) other than sidewalk litter. For the sake of this section, the term "sidewalk litter" shall include candy wrappers; cigarette wrappers; empty beverage containers (cans, plastic or glass bottles); used newspapers, etc.
[1]
Editor's Note: This ordinance also redesignated former §§ 3-7.4 through 3-7.10 as §§ 3-7.5 through 3-7.11.
[1980 Code § 136-18]
It shall be unlawful for any owner in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such manner and with such a frequency as to prevent spillage of refuse.
[1980 Code § 136-19]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[1980 Code § 136-20]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front or his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[1980 Code §§ 136-12, 136-1, 136-3, 136-5; Ord. No. 2517-2018]
It shall be unlawful for any person to discard or dump solid waste, waste, rubbish, refuse, or junk along any street, road, public right-of-way, or privately owned property. This prohibition shall not apply to the area immediately in front of the premises, or the location otherwise practical or designated for solid waste collection purposes, owned or rented by the person discarding or dumping materials. It shall be unlawful for any person not primarily residing in Roselle Park to dump or discard any solid waste, as described above, anywhere within the municipal boundaries of the Borough.
a. 
Deposits Regulated. Throwing or depositing tin cans, bottles, vegetable refuse or rubbish of any kind into the streets, open lots, stream courses or places in this Borough is hereby forbidden and is hereby declared to be a nuisance. The deposit of leaves in accordance with the municipal standards outlined in § 28-1 et seq. of the Borough Code is not a violation of this section.
b. 
Prohibited Deposits. The depositing, throwing, spilling or dumping of dirt, ashes or other material upon any street or portion thereof, or causing, allowing or permitting the same to be done, is hereby prohibited.
c. 
Burning Refuse. The burning of leaves or refuse or the making of fires of any kind upon any street is forbidden and prohibited.
[1]
Editor's Note: For license requirements for distribution of advertising material, see Chapter 4, Licensing and Business Regulations.
[1980 Code §§ 136-13, 136-14]
a. 
Storage of Bulky Waste. It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
b. 
Storage of Tires. It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
[1980 Code § 136-21; New; amended 8-15-2019 by Ord. No. 2583]
Any person, corporation, agent, servant or employee violating any provision of this section shall be punished by a fine of not less than $50 or more than $1,000, or by imprisonment for a period not to exceed 90 days, or both.
[1980 Code § 136-22]
Enforcement of this section may be by any Code Enforcement Officer, any member of the Police Force or its auxiliaries.
[1980 Code § 152-1]
It shall be unlawful for any person, firm, corporation, business association, club, group of individuals or any combination of the aforementioned to knowingly photograph, act in, pose for, print, sell, offer for sale, give away, exhibit, publish or offer to publish or otherwise distribute or pander, make, display or exhibit any obscene material, communication or performance or other article or item which is obscene within the Borough.
[1980 Code § 152-2]
The word "obscene" shall mean any material, communication or performance which the average person applying contemporary community standards existing within the municipality, would find, when considered as a whole:
a. 
Appeals to the prurient interest;
b. 
Depicts or describes in a patently offensive way sexual conduct as hereinafter specifically defined, or depicts or exhibits offensive nakedness as hereinafter specifically defined; and
c. 
Lacks serious literary, artistic, political or scientific value.
[1980 Code § 152-3; Ord. No. 2492-2017]
As used in this chapter:
COMMUNICATION
Shall mean any electronic audio or visual transmission by radio, cable television or a closed-circuit broadcast, explicit verbal description or narrative account.
MATERIAL
Shall mean any printed matter, visual representation or sound recording. The term includes but is not limited to books, magazines, motion-picture films, pamphlets, newspapers, pictures, photographs, drawings, sculptures and tapes or wire recordings or advertisements thereof.
OFFENSIVE NAKEDNESS
Shall mean uncovered or less than opaquely covered post-pubertal human male or female genitals, pubic areas or buttocks or the human female breast, including the area within the outer ring of the nipple (or the breast with the nipple and immediately adjacent area only covered), or the covered human male genitals in a discernibly turgid state.
PERFORMANCE
Shall mean any play, motion-picture film, dance or other exhibition, whether pictured, animated, live or recorded, performed in a place of public accommodation before an audience, whether or not restricted exclusively to persons over eighteen (18) years of age.
SEXUAL CONDUCT
Shall mean acts or simulations of masturbation, fondling of genitals, bestiality, oral or anal intercourse, sexual intercourse, sadomasochistic abuse, depicting flagellation or torture with or without physical restraint by or upon a person nude or clad in a revealing bizarre costume, excretory function or any lewd exhibition of the genitals.
[1980 Code § 152-4; New]
Any person violating any of the provisions of this section shall be liable, upon conviction, for the penalty stated in Chapter 1, § 1-5.
[1980 Code § 159-1; Ord. No. 2178 § 1; Ord. No. 2190 § 1; Ord. No. 2582-2018]
No person or contractor shall, within the limits of the Borough:
a. 
Play, operate or use any television, radio, phonograph or tape equipment or other sound-producing instrument, device or apparatus in such a manner that the sound thereof shall annoy any person or persons or disturb the comfort, rest or repose of any person or persons.
b. 
Permit, make or continue or cause to be permitted, made or continued any unnecessary noise, produced by human or mechanical means, which shall disturb the comfort, rest, and repose of any person or persons being in his or their place of abode or at any public or private meeting or at church services.
c. 
Keep or harbor any dog or other animal which shall disturb the neighborhood by excessive barking, whining or howling.
d. 
Throw or discard any cans, bottles, refuse or garbage of any kind whatsoever into the waters of any pond, stream, lake or river, or upon a public street or public place, or discharge any sewage or waste into the waters or places, or any of them, or pollute the waters in any manner whatsoever.
e. 
Throw any papers, sticks, glass, metal or any hard, dangerous or offensive substances upon any sidewalk, street, highway or public place or at any automobile, vehicle, house, building, fence or person.
f. 
Participate in any practice, sport or exercise in such a manner so as to annoy, disturb or frighten any person or persons on any sidewalk, street, road, park or other private or public place.
g. 
Disrupt or disturb the exercises of any public school or any lawful assembly therein, or interfere with or annoy any child attending such school or any teacher therein.
h. 
Intentionally, willfully or maliciously destroy or injure any of the wires, posts, machines, bells, signs, boxes, box or any other apparatus of any fire alarm system or intentionally, willfully or maliciously interfere with the same or any part thereof or hinder or impede any of the operations intended to be accomplished thereby.
i. 
Hinder, prevent or deter by any device whatsoever any Firefighter or any person from rendering lawful assistance in abating or quenching a fire, or hinder or interfere with any Firefighter going to or returning from any fire or place from which a fire alarm proceeds, or hinder or obstruct any fire engine, hook and ladder truck, hose cart or other fire apparatus going to or from any place from which a fire alarm proceeds or where any building or property may be burning.
j. 
Interfere with or obstruct a Police Officer (whether a regular Police Officer or Special Law Enforcement Officer), a member of the auxiliary Police of the Civil Defense-Disaster Control Bureau or a member of the First Aid Squad of the Borough, whether in uniform or not, in the carrying out of his duties or functions.
k. 
Enter or remain upon the land or property of any person without lawful permission to do so.
l. 
Urinating, expectorating or defecating in a public place, other than a wash room or toilet room, under circumstances where such act is or could be observed by a member of the public situated in or near a public place. The term "public place," for the purposes of the within section is defined as "an area generally visible to the public view and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, buildings open to the public and doorways and entrances to buildings or dwellings and the grounds enclosing same."
m. 
Operate or permit the use or operation of any mechanically powered saws, drills, sanders, grinders and tools, including similar devices outdoors in residential areas.
1. 
Exceptions:
(a) 
Any person shall be permitted to use or operate any mechanically powered saws, drills, sanders, grinders and tools, including similar devices outdoors in residential areas on Monday through Friday from 7:00 a.m. to dusk.
(b) 
Any person shall be permitted to use or operation of any mechanically powered saws, drills, sanders, grinders and tools, including similar devices outdoors in residential areas on Saturdays, Sundays and/or holidays from 8:00 a.m. to dusk.
(c) 
In cases of emergency and/or in the interest of the public health.
n. 
Utilize, permit, or otherwise cause any light-emitting object or fixture to be reflected toward or shined within or upon a residential structure in such a manner that the illumination and glare caused thereof shall disturb the comfort, rest or repose of any person or persons.
[Added 12-19-2019 by Ord. No. 2600]
[1980 Code § 159-2; New]
Any person who violates any provision of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 2317, 2394.
[Ord. No. 2396]
As used in this section:
PUBLIC PLACE
Shall mean any place to which the public has access, including but not limited to any street, sidewalk, curb, alley, highway, bridge, park, school, place of worship, public building, public grounds, parking lot, transportation facility, open or vacant private property not owned by or under the control of a person charged with violating this section, in the case of a minor, not owned by or under the control of his parent or guardian, or the doorways or entrance way to any building which fronts on any of the aforesaid places, the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, or a bench, chair, or seating area in or on any of the aforesaid places.
SLEEPING OR HABITATION
Shall mean remaining in essentially one (1) location, and includes the concepts of spending time sleeping or habitation.
[Ord. No. 2396]
No person shall use a public place for sleeping or habitation in such manner as to:
a. 
Create or cause to be created a danger of a breach of the peace.
b. 
Create or cause to be created any disturbances or annoyance to the comfort and repose of any person.
c. 
Obstruct the free passage of pedestrians or vehicles.
d. 
Obstruct, molest or interfere with any person lawfully in any public place as defined in Subsection 3-10.1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
e. 
Nor shall any person use any motor vehicle or trailer for sleeping or habitation purposes in any public place.
[Ord. No. 2396]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the sleeping or habitation of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection 3-10.2 he shall, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[Ord. No. 2396]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[1980 Code § 208-1]
A person under fourteen (14) years of age shall not operate any roller skates, roller blades, skateboards, scooters or any other wheeled devices regardless or whether the apparatus is manual or motor powered unless that person is wearing a properly fitted and fastened helmet which meets the standards of the American National Standards Institute (ANSI, Z90.4, bicycle helmet standard), the Snell Memorial Foundation 1999 Standard for Protective Headgear in use in bicycling, the American Society for Testing and Materials (ASTM) standard or other such standards as appropriate.
[1980 Code § 208-2]
The requirement under Subsection 3-12.1 shall apply at all times while a person subject to the provisions of this section is operating roller skates, roller blades, skateboards, scooters or wheeled devices on any property open to the public or used by the public.
[1980 Code § 208-3]
Any person who violates the provision of this section by failing to wear the approved helmet shall be warned of the violation by the enforcing official. The parent or legal guardian of the violator may be fined a maximum of seventy-five ($75) dollars for the first offense and a maximum of one hundred ($100) dollars for each subsequent offense. The penalty provided under this section may be waived if the parent or guardian of the violator presents suitable proof that an approved helmet has been purchased and made available to the violator since the violation occurred.
[1980 Code § 208-4]
This section is adopted pursuant to N.J.S.A. 39:4-10.10a.
[1980 Code § 173-1]
As used or referred to in this chapter:
PUBLIC AREA
Shall mean municipal, County, State and Federal buildings, public parks, playgrounds, public parking areas and all means of ingress and egress pertaining thereto.
PUBLIC STREET
Shall mean any and all municipal, County, State and Federal streets, avenues, roads and highways within the Borough, and the entire right-of-way thereof, including all installations and facilities therein.
SHOPPING CART
Shall mean all carts, baskets, or containers equipped with wheels and propelled by human power, normally used or intended to be used for the carting or carrying of merchandise, goods and chattels.
[1980 Code § 173-2]
The owner or owners of shopping carts used or intended for use for the carting or carrying of merchandise, goods or chattels shall affix a permanent identification to each shopping cart designating the name and address of the owner.
[1980 Code § 173-3]
No person shall leave or abandon or suffer or permit to be left or abandoned any shopping cart, either owned by him or in his possession, custody or control, in or upon any public street or public area.
[1980 Code § 173-4]
The Police Department shall remove or cause to be removed any shopping cart found unattended or abandoned upon any public street or public area and shall take or cause the same to be taken to any premises within the Borough designated by the Police Department, where the same shall be held until redeemed, sold or destroyed. Within five (5) days after the removal of the cart, the Police Department shall, by ordinary mail, notify the owner thereof at the address indicated on the identification tag that the impounded cart may be redeemed within ten (10) days of the date of its taking, which date to be set forth in the notice, upon the payment of the sum of ten ($10) dollars and thereafter at any time prior to sale upon the payment of the sum hereinafter fixed. Failure to give such notice shall not in any way subject the Police Department or the Borough to any liability. The owners of carts and merchants using the same are hereby instructed to make inquiry at Police headquarters respecting the whereabouts of any missing carts and are not to depend on receipt of any notice from the Police Department. If such cart is unclaimed or unredeemed for a period of ten (10) days from the time of its taking, the Police Department shall give at least five (5) days' notice in the official newspaper of the Borough, establishing a place, date, time and terms of public sale to the highest bidder of such carts. One of the terms of such sale shall be that no cart shall be sold for less than the amount required to be paid for the redemption of such cart, computed in accordance with the provisions hereinafter set forth.
[1980 Code § 173-5]
If the shopping cart is not redeemed within ten (10) days of its taking, there shall be added to the sum of ten ($10) dollars the additional sum of one ($1) dollar for each day such shopping cart remains impounded beyond the first ten (10) days, and the total shall be the amount required to redeem the shopping cart. Such amount may be paid by the owner of the cart at any time prior to the sale of such cart, and upon such payment the shopping cart shall not be sold and shall be returned to the owner.
[1980 Code § 173-6]
In the event any shopping cart shall remain unredeemed and unsold at public sale, the Police Department may dismantle, destroy or otherwise dispose thereof.
[1980 Code § 173-7]
Any public sale or other disposition of any shopping cart shall be without liability on the part of the Borough, the Police Department and their agents and employees.
[1980 Code § 173-8]
As of the first of each month and within five (5) days thereof, the Police Department shall pay over to the Chief Financial Officer the amount received for the redemption and sale or other disposition of any shopping carts during the preceding month and at the same time deliver to the Chief Financial Officer and to the Municipal Clerk a detailed statement concerning all redemptions, all sales and other dispositions of shopping carts during the preceding month, including the name and address of the redeemer or purchaser, as the case may be, the amount receive from each for each cart and a report concerning any cart disposed of in any manner other than by redemption or sale.
[1980 Code § 136-15]
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential front lawn.
[1980 Code § 136-16]
a. 
It shall be unlawful for any person to keep or permit the keeping of any motor vehicle, trailer or semitrailer on any street or vacant parcel of land or in any area which:
1. 
Is missing tires, wheels, engine or any essential parts;
2. 
Displays extensive body damage or deterioration which renders it inoperable;
3. 
Is wrecked, disassembled or partly disassembled; or
4. 
Does not display a current valid State inspection sticker or license plates.
b. 
Exception in Residential Areas.
1. 
Storage of not more than one (1) inoperable vehicle shall be permitted, provided that it is stored in a fully-enclosed structure, an area enclosed by fence, landscaping or partition as to obscure sight from a public area and from adjacent residences or by use of a commercially designed and manufactured motor vehicle, trailer or semitrailer cover.
2. 
No person shall allow a vehicle properly kept to become by its presence an attractive nuisance or to be infested by vermin, insects or other pests, nor should such a vehicle be used for general or specific storage purposes.
c. 
Exception for Car Dealers and Shops.
1. 
Motor vehicles for sale by new and/or used car dealers on the proper premise; or
2. 
Vehicles on properties in the business of repairing cars, possessing current valid State inspection sticker and license plates.
[1980 Code § 136-16.1; Ord. No. 2513-2018]
a. 
The owner or person responsible for the vehicle shall first receive a written warning of a violation of the provisions of this section and shall have seven (7) days to abate the violation without penalty.
b. 
Upon the expiration of seven (7) days and the violation is unabated, the Borough shall be empowered to correct the violation, and the costs for the same shall be added to and become a part of the property taxes next to be assessed and shall be subject to the same rate of interest and manner of collection as property taxes.
c. 
No additional warning, either in writing or verbally, shall be given for subsequent violations.
[1980 Code § 136-17]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any street unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
[1980 Code § 136-21; New]
a. 
Each separate violation of any provision set forth herein shall be subject to a minimum fine of one hundred ($100) dollars. Each and every day shall constitute a separate offense.
b. 
Any person violating the provisions of Subsection 3-14.2 shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5.
[1980 Code § 136-22]
Enforcement of this section may be by any Borough of Roselle Park Code Enforcement Officer, any member of the Roselle Park Police Force or its auxiliaries.
[1980 Code § 168-1]
No person shall enter or remain upon property of the Board of Education of the Borough of Roselle Park except as provided for herein during such times as the schools are not in session. For the purposes of this section, the phrase "such times as the schools are not in session" shall be deemed to include vacation days, holidays, weekends, snow days and that period of time other than the time between one-half (1/2) hour before the opening of and one-half (1/2) hour following the close of school, as specified by the Roselle Park Board of Education.
[1980 Code § 168-2]
The prohibitions set forth in Subsection 3-15.1 hereof shall not apply to the following persons:
a. 
Those members of the school administration, faculty or staff who are present upon school property or playgrounds in the discharge of their duties of employment.
b. 
Those students who are meeting with members of the school administration or faculty for education-related reasons, including, without limitation, for counseling purposes or additional or remedial instruction.
c. 
Those students who have been detained upon school property by members of the school administration or faculty for any reasons and whose presence is supervised by such members of the administration or faculty.
d. 
Those persons who are participating in or attending extracurricular activities conducted or sponsored by a school or school-related organization approved by the Roselle Park Board of Education or its designee.
e. 
Those persons who are participating in or attending activities conducted or sponsored by a non-school-related organization, for which activities the Roselle Park Board of Education or its designee has granted permission therefor, in writing.
f. 
Those persons who have scheduled appointments with members of the school administration or faculty.
g. 
Those persons who are present upon the school playgrounds at any time between sunrise and one-half (1/2) hour after sunset or such time as the Borough's street lights are illuminated, whichever time is later.
h. 
Joggers making use of the high school running track in pursuit of the activity of jogging may do so without limitation.
i. 
Those persons, not enumerated above, whose presence upon school property or playgrounds is expressly sanctioned by the Roselle Park Board of Education or its designee or members of the school administration, where applicable.
j. 
Those persons, not enumerated above, whose presence upon the property commonly known as the "Green Acres Recreation Area" is expressly sanctioned by the rules and regulations governing the Green Acres Recreation Area.[1]
[1]
Editor's Note: See also Chapter 10, Parks and Recreation Areas.
[1980 Code § 168-3; New]
Any person who violates this section shall, upon conviction, be subject to a fine of two hundred fifty ($250) dollars or thirty (30) days imprisonment, or both.
[Ord. No. 2188 § A; amended 6-20-2019 by Ord. No. 2576]
The Mayor and Council find and declare that the health, safety and welfare of children will be enhanced by prohibiting registered sex offenders from loitering within the Borough of Roselle Park within 300 feet of any school, (public, private or parochial) preschool, day-care center, park, playground, recreational area, youth center, group home for disabled, or school bus stop located within the Borough of Roselle Park or adjacent municipalities.
[Ord. No. 2188 § B]
As used in this section:
LOITERING
Shall mean, whether on foot or in a motor vehicle, a person who wanders or remains idle in essentially one location, sits, lounges, loafs, walks about aimlessly, or repeatedly circles in a motor vehicle.
[Amended 6-20-2019 by Ord. No. 2576]
PROHIBITED AREA
Shall mean the area within 300 feet from the real property upon which any school, (public, private or parochial) preschool, day-care center, park, playground, recreational area, youth center, group home for disabled, or school bus stop is located, whether within the Borough or adjacent municipalities.
[Amended 6-20-2019 by Ord. No. 2576]
PROHIBITED AREA MAP
Shall mean a map approved and adopted pursuant to this section depicting the prohibited area.
REGISTERED SEX OFFENDER
Shall mean any person over the age of eighteen (18) who is required to register pursuant to N.J.S.A. 2C:7-1 et seq., the New Jersey Sex Offender Registration and Notification Statute ("Megan's Law").
SCHOOL BUS STOP
Shall mean an area designated by the school district, by any receiving district, or by any County jointure commission as a school bus stop where children regularly congregate for the purpose of boarding and debarking from a school bus.
[Ord. No. 2188 § C; amended 6-20-2019 by Ord. No. 2576]
The prohibited area map prepared by the Borough Engineer and adopted by the Mayor and Council by a resolution and as may be amended from time to time by resolution, depicting the locations and areas within the Borough or property which comprise of school, (public, private or parochial) preschool, day-care center, park, playground, recreational area, youth center, group home for disabled, or school bus stop, and all areas within 300 feet from such properties, shall be kept on file with the Borough Clerk and shall serve as an official finding and record of the prohibited area.
[Ord. No. 2188 § D; amended 6-20-2019 by Ord. No. 2576]
A registered sex offender shall not loiter within a prohibited area.
[Ord. No. 2188 § E; amended 6-20-2019 by Ord. No. 2576]
a. 
Any person who is registered to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility which is located within a prohibited area.
b. 
Any person who is both a record title owner and an occupant of a residence within the prohibited area as of the date of the adoption of this section.[1]
[1]
Editor's Note: Ord. No. 2188 was adopted by the Mayor and Council on October 19, 2006.
[Ord. No. 2188 § F]
This section shall be enforced by the Roselle Park Police Department. The Chief of Police shall cause a copy of this section and the prohibited area map to be provided to each registered sex offender who has registered under Megan's Law and who is residing within the Borough.
[Ord. No. 2188 § G]
It shall be no defense to prosecution for a violation of this section that the actor was unaware that the prohibited conduct occurred within a prohibited area, nor shall it be a defense to prosecution under this section that no juveniles were present within any prohibited area at the time of the offense. To the extent that a registered sex offender has not registered under Megan's Law, it shall not be a defense to prosecution under this section that the registered sex offender was not provided with a copy of this section or the prohibited area map.
[Ord. No. 2188 § H]
In a prosecution under this section, a true copy of the prohibited area map shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of the prohibited area. Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the Mayor and Council, provided that the map or diagram is otherwise admissible pursuant to the applicable rules of evidence.
[Ord. No. 2188 § I]
Any person who is convicted of violating any of the provisions of this section shall, upon conviction of a first offense, be punished by a fine of not less than one hundred ($100) dollars nor more than one thousand two hundred fifty ($1,250) dollars and/or by imprisonment or community service not exceeding ninety (90) days.
Any person who is convicted of violating this section within one (1) year of the date of a previous violation of this section shall be punished by an additional fine of one thousand two hundred fifty ($1,250) dollars and/or by imprisonment or community service not to exceed six (6) months.
[1]
Editor's Note: Former § 3-16.10, Current Residences, Ord. No. 2188 § J, was repealed 6-20-2019 by Ord. No. 2576.
[1]
Editor's Note: Former § 3-16.11, Miscellaneous, Ord. No. 2188 § K, was repealed 6-20-2019 by Ord. No. 2576.
[1]
Editor's Note: Former § 3-17, Curfew for Juveniles containing portions of Ordinance No. 2294 was repealed in its entirety by Ordinance No. 2427.