[1972 Code § 6-2.1; Ord. No. O-01-47]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this section have the same meaning
as those defined in N.J.A.C. 7:29.
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, including demolition or blasting of
buildings or structures.
Shall mean any dismantling, destruction, removal or blasting
of buildings, structures, or roadways.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean any work or action necessary to deliver essential
public services including, but not limited to, repairing water, gas,
electricity, telephone, sewer facilities, or public transportation
facilities, removing fallen trees on public rights-of-way, dredging
navigational waterways, or abating life-threatening conditions.
Shall mean either a single pressure peak or a single burst
(multiple pressure peaks) that has a duration of less than one second.
Shall mean any vehicle that is propelled other than by human
or animal power on land.
Shall mean a properly functioning sound dissipative device
or system for abating the sound of escaping gasses on equipment where
such a device is part of the normal configuration of the equipment.
Shall mean any building comprising two or more dwelling units,
including, but not limited to, apartments, condominiums, co-ops, multiple
family house, townhouses, and attached residences.
Shall mean any distinct parcel of land that is used for more
than one category of activity. Examples include, but are not limited
to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
Shall mean an employee of:
A local, County or regional health Agency which is certified
pursuant to the County Environmental Health Act (N.J.S. 26:3A2-21
et seq.) to perform noise enforcement activities; or
A municipality with a department approved noise control ordinance
and the employee has received noise enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his designated jurisdiction and must be authorized to issue a summons
in order to be considered a Noise Control Officer.
Shall mean any sound that can be detected by a person using
his or her unaided hearing faculties. As an example, if the sound
source under investigation is a portable or personal vehicular sound
amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The Noise Control Officer need not determine the title, specific
words, or the artist performing the song.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley, waterway, or easement that is owned, leased, or controlled
by a nongovernmental entity.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley, waterway, or easement that is owned, leased, or controlled
by a governmental entity.
Shall mean any real property or structures situated on real
property or in a waterway, that are owned, leased, or controlled by
a governmental entity.
Shall mean either (a) the imaginary line including its vertical
extension that separates one parcel of real property from another;
(b) the vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling unit building; or (c) on a multi-use property,
the interface between the two portions of the property on which different
categories of activity are being performed (e.g., if the multi-use
property is a building which is residential upstairs and commercial
downstairs, then the real property line would be the interface between
the residential area and the commercial area).
Shall mean any day that is not a Federal holiday, and beginning
on Monday at 7:00 a.m. and ending on the following Friday at 6:00
p.m.
Shall mean beginning on Friday at 6:00 p.m. and ending on
the following Monday at 7:00 a.m.
[1972 Code § 6-2.2]
a.
This section applies to sound from the following property categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.3, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[1972 Code § 6-2.3]
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and, whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and, whereas the people have a right to,
and should be ensured of, an environment free from excessive sound,
Now therefore, it is the policy of the City to prevent excessive
sound that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life.
This section shall apply to the control of sound originating
from sources within the City of Bayonne.
[1972 Code § 6-2.4]
a.
The provisions of this section shall be enforced by Noise Control
Officers. A person shall be qualified to be a Noise Control Officer
if the person meets the criteria set forth in the definition above
and completes, at a frequency specified by the Department in N.J.A.C.
7:29-2.11, a noise certification and recertification course which
are offered by the Department of Environmental Sciences of Cook College,
Rutgers, The State University of New Jersey or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department.
b.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in subsection 3-1.5 paragraphs b and c and with the definition of "real property line" as contained herein.
c.
Noise Control Officers shall have the power to:
1.
Coordinate the noise control activities of all departments in the
City and cooperate with all other public bodies and agencies to the
extent practicable;
2.
Review the actions of the City and advise of the effect, if any,
of such actions on noise control;
3.
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
section; and
4.
Investigate and pursue possible violations of this section for sound levels which equal or exceed the sound levels set forth in subsections 3-1.6 and 3-1.7, Tables I and II, when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with subsection 3-1.7 below.
5.
Cooperate with Noise Control Officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
[1972 Code § 6-2.5]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in subsection 3-1.2a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, when measured at or within the real property line of any of the receiving properties listed in subsections 3-1.6 and 3-1.7, Tables I and II, except as specified in paragraph b below.
b.
When measuring total sound or residual sound within a multi-use property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound
or residual sound, all sound sources within the dwelling unit must
be shut off (e.g., television, stereo). Measurements shall not be
taken in areas which receive only casual use such as hallways, closets
and bathrooms.
c.
Indoor measurements shall only be taken if the sound source is on or within the same property as the receiving property, as in the case of a multi-use property (e.g., sound generated within a commercial unit of a multi-use property building and received within a residential unit of the same building) or multi-dwelling unit building. In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, such as in a multi-dwelling unit building. The allowable sound level standards for indoors are as shown in subsections 3-1.6 and 3-1.7, Tables I and II.
d.
Impulsive Sound.
1.
Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as impulsive sound and shall meet the requirements as shown in subsection 3-1.6, Table I.
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in subsection 3-1.2a above in such a manner as to create a sound level that equals or exceeds the sound levels listed below.
1.
Outdoors.
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, non-residential
portion of a multi-use property, or community service facility
| |
|---|---|---|---|
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted sound level standard, dB
|
65
|
50
|
65
|
2.
Indoors.
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility,* or nonresidential portion of a multi-use
property
| |
|---|---|---|---|
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted sound level standard, dB
|
55
|
40
|
55
|
|
Notes:
| |
|---|---|
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound
|
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in subsection 3-1.2a above in such a manner as to create a sound pressure level that equals or exceeds the sound levels listed below in one or more octave bands.
b.
When octave measurements are made, the sound from the source must
be constant in level and character. If octave band sound pressure
level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
Receiving Property
|
Residential property, or residential portion of a multi-use
property
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, non-residential
portion of a multi-use property, or community service facility
|
Commercial facility,* or nonresidential portion of a multi-use
property
| ||
|---|---|---|---|---|---|---|
|
Octave Band Center Frequency, Hz
|
Outdoors
|
Indoors
|
Outdoors
|
Indoors
| ||
|
Octave Band Sound Pressure Level, dB
| ||||||
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
Notes:
| |
|---|---|
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound
|
[1972 Code § 6-2.6; Ord. No. O-01-47]
a.
Except as provided in paragraph b below, the provisions of this section
shall not apply to the exceptions listed at N.J.A.C. 7:29-1.4.
b.
Notwithstanding the provisions of subsections 3-1.6 and 3-1.7, Tables I and II, the following standards shall apply to the activities or sources of sound set forth below:
1.
Noncommercial Power Tools, Landscaping and Yard Maintenance. Noncommercial or nonindustrial power tools and landscaping and yard maintenance equipment shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, do not apply to noncommercial or nonindustrial power tools and landscaping and yard maintenance equipment;
2.
Commercial and Industrial Power Tools, Landscaping and Yard Maintenance. Commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, shall not be operated on a residential property or within 250 feet of a residential property line when operated on commercial or industrial property, between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or Federal holidays, unless such activities can meet the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II. In addition, commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, utilized on commercial or industrial property shall meet the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, between the hours of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, do not apply to commercial or industrial power tools and landscaping and yard maintenance equipment;
3.
Construction and Demolition Activities. Construction and demolition activity, excluding emergency work or other work expressly approved by the Municipal Council, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on Saturdays, unless such activities can meet the limits set forth in Subsections 3-1.6 and 3-1.7, Tables I and II. Construction and demolition activity, excluding emergency work or other work expressly approved by the Municipal Council, shall not be performed on Sundays or federal holidays. Blasting activities shall not be performed between the hours of 6:00 p.m. and 9:00 a.m., Monday through Saturday, and shall not be performed at all on Sundays without the express permission of the Municipal Council. All motorized equipment used in construction, demolition and blasting activity shall be operated with a muffler. At all other times, the limits set forth in Subsections 3-1.6 and 3-1.7, Tables I and II, do not apply to construction and demolition activities;
[Amended 3-20-2019 by Ord. No. O-19-17]
5.
Burglar Alarms. An exterior burglar alarm of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for impulsive sound after it has been activated. At all times, the limits set forth at subsections 3-1.6 and 3-1.7, Tables I and II do not apply;
6.
Vehicular Music Amplification.
(a)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.;
(b)
Personal vehicular music amplification equipment shall not be
operated in such a manner as to be plainly audible at a distance 50
feet in any direction from the operator between the hours of 8:00
a.m. and 10:00 p.m.;
7.
Personal, Portable Music. Personal, portable, hand-held music or
sound amplification or reproduction equipment shall not be operated
on a public space or public right-of-way in such a manner as to be
plainly audible at a distance of 50 feet in any direction from the
operator between the hours of 8:00 a.m. and 10:00 p.m. Between the
hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall
not be plainly audible by any person other than the operator;
[1972 Code § 6-2.7; New]
a.
Violation of any provision of this section shall be cause for an
enforcement document to be issued to the violator by the Noise Control
Officer according to procedures set forth at N.J.A.C. 7:29-1.6. The
recipient of an enforcement document shall be entitled to a hearing
in a municipal court having jurisdiction to contest such action.
c.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person for injury or damage arising from any violation of this section
or from other law.
[1972 Code § 6-2.9; New; Ord. No.
O-01-47; Ord. No. O-11-24]
In addition to the types of noises set forth within the body
of this section, the following activities have been determined to
be of a nuisance noise type and, as such, enforcement may be carried
out by Noise Control Officers and/or any member of the Police Department:
a.
Noncommercial or nonindustrial power tools and landscaping and yard maintenance equipment shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, do not apply to noncommercial or nonindustrial power tools and landscaping and yard maintenance equipment;
b.
Commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, shall not be operated on a residential property or within 250 feet of a residential property line when operated on commercial or industrial property, between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or Federal holidays, unless such activities can meet the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II. In addition, commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, utilized on commercial or industrial property shall meet the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, between the hours of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, do not apply to commercial or industrial power tools and landscaping and yard maintenance equipment;
c.
Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and Federal holidays, unless such activities can meet the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II. Blasting activities shall not be performed between the hours of 6:00 p.m. and 9:00 a.m., on any day of the week. All motorized equipment used in construction, demolition and blasting activity shall be operated with a muffler. At all other times, the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, do not apply to construction and demolition activities.
d.
An exterior burglar alarm of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for impulsive sound after it has been activated. At all times, the limits set forth in subsections 3-1.6 and 3-1.7, Tables I and II, do not apply;
e.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.;
f.
Personal vehicular music amplification equipment shall not be operated
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m.;
g.
Personal, portable, hand-held music or sound amplification or reproduction
equipment shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound
from such equipment shall not be plainly audible by any person other
than the operator;
h.
Plainly audible sound levels shall be prohibited between residential
units within the same multi-dwelling building between the hours of
10:00 p.m. and 8:00 a.m.
Violation of any provision of this subsection shall be cause for an enforcement document to be issued to the violator by the Noise Control Officer or member of the Police Department according to the procedures set forth at N.J.A.C. 7:29-1.6. The recipient of an enforcement document shall be entitled to a hearing in municipal court having jurisdiction to contest such action. Any person who violates any provision of this subsection shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense. No provision of this portion of the subsection shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this subsection or from other law.
i.
It shall be unlawful for a person to make, continue or cause to be
made or continued any loud, unnecessary or unusual noise or any noise
which does or is likely to annoy, disturb, injure or endanger the
comfort, repose, health, peace or safety of others, between the hours
of 10:00 p.m. and 8:00 a.m. Noncommercial public speaking and public
assembly activities conducted on any public space or public right-of-way
shall be exempt from the operation of this section.
j.
It shall be unlawful for the owner of any restaurant, bar, cafe, eatery, or any other commercial establishment in the City of Bayonne to allow its patrons to make, continue or cause to be made or continued, between the hours of 10:00 p.m. and 8:00 a.m., any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, while said patrons are on any public or private sidewalk outside of the commercial establishment, including but not limited to when said patrons are on sidewalks outside the commercial establishment for purposes of smoking or waiting on line, and also including but not limited to when said patrons are on sidewalks outside the commercial establishment pursuant to the "Sidewalk Cafes and Outdoor Seating" Ordinance, Chapter 21, Article 32 of the Revised General Ordinances of the City of Bayonne.
[1972 Code § 6-1.1]
As used in this section:
[Added 4-17-2019 by Ord. No. O-19-24]
Large items of waste material that are nonmetal, including but
not limited to:
Appliances;
Furniture: sofas, tables, chairs, beds and other wood furniture
(even though there may be some incidental metal pieces attached to
the furniture, i.e., wooden chair/table with metal legs);
Lamps;
Suitcases, trunks, chests;
Linoleum and similar types of flooring;
Carpeting (cut and tied);
Tree parts cut into sections with a maximum height of four feet,
tree stumps cut into small sections and brush;
Mattresses covered in plastic.
Bulk waste will be collected on the same days as regular garbage
collection. There is a limit of four bulky items per pickup.
The following items are not included with this collection and
shall be disposed of on the semiannual Hudson County HHW Collection
Day:
[Added 4-17-2019 by Ord. No. O-19-24]
Waste, building material and rubble resulting from construction,
remodeling, repair and demolition operations on residential houses,
commercial buildings, pavements and other structures. The following
materials may be found in construction and demolition waste:
Treated and untreated wood scrap;
Wood pallets and large wooden items;
Concrete, asphalt, bricks, blocks and other masonry;
Plaster and wallboard;
Roofing materials;
Ferrous and nonferrous metal;
Non-asbestos building insulation;
Plastic scrap;
Dirt;
Glass (window and door); and
Other miscellaneous materials; but shall not include other solid
waste types.
Construction, renovation, and demolition waste will not be picked
up by the City of Bayonne or its agents. These items must be disposed
of by a private company.
It shall be permissible to dispose of the following types of
household waste/debris, notwithstanding that such waste/debris may
be considered C&D debris: toilets, plaster boards cut into a maximum
of four-foot-by-four-foot sections and tiles. A sticker obtained from
the Division of Solid Waste Management must be placed on these items
before disposal. These items must be disposed of in accordance with
the Division of Solid Waste Management and must be scheduled for pickup
through the Recycling Coordinator at 201-858-6070 or 201-858-6099
at least one business day prior to pickup day.
All computers, monitors, laptops, portable computers and
televisions. These items must be scheduled for pickup Monday through
Friday through the Recycling Coordinator at 201-858-6070 or 201-858-6099
at least one business day prior to pickup day. Please note that other
electronic devices (keyboards, mice, printers, microwaves, etc.) are
not included in E-waste.
[Added 4-17-2019 by Ord.
No. O-19-24]
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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 sawmilling
or manufacturing.
Any and all streets, sidewalks, boulevards, alleys, beaches
or other public ways, and any and all public parks, squares, spaces,
docks, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Means and includes all discarded products made of steel,
aluminum or other materials, used for any purpose, excluding food
and/or beverage packaging, i.e., refrigerators, freezers, toaster
ovens, washers, dryers, furnaces, stoves, ranges, hot water heaters,
air conditioners, trash compactors, dishwashers, metal files, and
metal lockers. These items will be collected on Tuesdays.
[Added 4-17-2019 by Ord.
No. O-19-24]
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street, including devices
used exclusively upon stationary rails or tracks.
[1972 Code § 6-1.2]
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.
[1972 Code § 6-1.3; amended 4-17-2019 by Ord. No. O-19-24]
a.
It shall be unlawful for any person to discard or dump along any
street or road, on or off any right-of-way or on private property,
any household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances or furniture in any place
not specifically designated for the purpose of solid waste storage
or disposal.
b.
It shall be unlawful for any person to commingle recyclable materials
with solid waste for the purpose of solid waste or recycling materials
storage or disposal. It shall also be unlawful to commingle construction,
renovation, and demolition waste with solid waste and/or recyclable
materials for the purpose of solid waste or recyclable materials storage
or disposal.
c.
It shall be unlawful for any person to solicit, offer or receive
gratuities of any kind to any individual, contractor, subcontractor
of the City of Bayonne or employee or agent thereof, for collection
of any household or commercial solid waste, recyclable material, rubbish,
refuse, junk, vehicle or vehicle parts, rubber tires, appliances,
furniture or for prohibited construction and demolition waste. This
shall not apply to small tokens of goodwill on special occasions as
long as it does not result in favorable treatment for the giver or
to the hiring and/or payment of such individuals outside the scope
of his/her employment with the City of Bayonne.
[1972 Code § 6-1.4]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter in any public place within the City or on private
property.
[1972 Code § 6-1.5]
No person shall bring, cart, remove, transport or collect any
litter from outside the City or into the City for the purpose of dumping
or disposing thereof. No truck or other vehicle containing litter
which has been transported into the City shall be parked or allowed
to remain standing on any street in the City or on any public property
for a period in excess of two hours.
[1972 Code § 6-1.6; Ord. No. O-00-39 § 1; Ord. No. O-09-28 § 2]
Litter receptacles and their servicing are required at the following
public places which exist in the City including: sidewalks used by
pedestrians in active retail commercially zoned areas, such that at
a minimum there shall be no single linear quarter-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 station islands; shopping centers; parking
lots; campgrounds and trailer parks; marinas, boat moorage and fueling
stations; boat launching areas; public and private piers operated
for public use; beaches and bathing areas; 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.
Litter receptacle shall mean a container suitable for the depositing
of litter and meeting such standards and specifications as the Health
Officer determines are sufficient to prevent scattering of litter
and to promote ease of collection.
[1972 Code § 6-1.7]
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 of his or her
premises free of litter. All litter sweepings shall be collected and
properly containerized for disposal.
[1972 Code § 6-1.8; Ord. No. O-00-39; Ord. No. O-09-28 § 2]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property or to fail to secure waste materials inside those bins
in a manner which causes them to overflow. All garbage, refuse and
ashes for collection by the City shall be placed in sturdy metal or
plastic containers meeting such standards and specifications as the
Health Officer determines are sufficient to prevent scattering of
litter and garbage and to promote ease of collection, equipped with
handles so that they may be lifted and carried by one person. Non-recyclable
household or commercial refuse shall be placed inside securely tied
plastic bags specifically manufactured for litter and garbage and
that bag then deposited inside the sturdy container or barrel noted
above for collection. Except with the permission or at the direction
of the Health Officer, no such container shall have a capacity of
less than 10 gallons or more than 35 gallons.
[1972 Code § 6-1.9; Ord. No. O-00-39; New]
The waste disposal bins located by the City in public streets and parks are meant for the convenient deposit of litter by pedestrians in order to keep the adjoining areas clean. The disposal of household garbage in these bins is prohibited and shall subject the violator, upon conviction, to the penalty stated in Chapter 1, Section 1-5, with a minimum penalty of $100.
[1972 Code § 6-1.10; amended 4-17-2019 by Ord. No. O-19-24]
a.
It shall be unlawful for any owner, agent, or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during, or immediately following completion of any
construction or demolition project. It shall be the duty of the owner,
agent, or contractor 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 a manner and with such a frequency as to prevent
spillage of refuse.
b.
It shall be unlawful for any owner, agent, or contractor in charge
of a renovation, construction or demolition site to permit disposal
of renovation, construction or demolition waste in any place not specifically
designated for the purpose of construction or demolition waste storage
or disposal.
c.
Any violation of this subsection shall result in the payment of damages to the City of Bayonne in accordance with the general provisions of Chapter 1.
d.
Fines levied and collected pursuant to this subsection shall be deposited
into the Recycling Program Income Account.
[1972 Code § 6-1.11]
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.
[1972 Code § 6-1.12; New]
a.
Intent and Purpose. This subsection is designed to protect the people
against the nuisance of and incident to the promiscuous distribution
of handbills and circulars, particularly commercial handbills, as
herein defined, with the resulting detriment and danger to public
health and safety. Public interest, convenience and necessity requires
the regulation thereof and to that end the purpose of this ordinance
are specifically declared to be as follows:
1.
To protect the people against the unlawful activities or operations
of dissolute persons of criminal habits or tendencies, representing
themselves as solicitors, canvassers or handbill distributors, by
requiring the registration of all such solicitors, canvassers or handbill
distributors, and by regulating the business of handbill and advertising
distribution through the imposition of reasonable license fees.
2.
To protect local residents against trespassing by solicitors, canvassers
or handbill distributors upon the private property of such residents
if they have given reasonable notice that they do not wish to be solicited
by such persons or do not desire to receive handbills or advertising
matter.
3.
To protect the people against the health and safety menace and the
expense incident to the littering of the streets and public places
by the promiscuous and uncontrolled distribution of advertising matter
and commercial handbills.
4.
To preserve to the people their constitutional right to receive and
disseminate information not restricted under the ordinary rules of
decency and good morals and public order, by distinguishing between
the nuisance created by the promiscuous distribution of advertising
and commercial circulars and the right to deliver noncommercial handbills
to all who are willing to receive the same.
b.
COMMERCIAL HANDBILL
1.
2.
3.
HANDBILL DISTRIBUTOR
NONCOMMERCIAL HANDBILL
PERSON
PRIVATE PREMISES
PUBLIC PLACE
Definitions. As used in this subsection:
Shall mean any printed or written matter, sample goods or
merchandise or otherwise reproduced original or copies of any matter
or literature, except newspapers, magazines and periodicals of general
circulation and mail matter, which:
Advertises for sale any merchandise, product, commodity or thing;
or
Directs attention to any business, mercantile or commercial
establishment or other activity for the purpose of promoting the interest
thereof by sales; or
Directs attention to or advertises any show, theatrical, performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit.
Shall mean any person who distributes or causes the distribution
of commercial handbills.
Shall mean any printed or written matter not included in
the definition of "commercial handbill" and not a newspaper, magazine
or periodical of general circulation or mail matter, being matter
intended for free distribution to the public for the basic purpose
of arousing the interest of the recipient in some charitable, religious,
educational, political or similar cause.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any dwelling, house, building, or other structure,
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Shall mean any and all streets, boulevards, avenues, lanes,
alleys, or other public ways, and any and all public parks, squares,
spaces, plazas, grounds and buildings.
c.
Distribution of Commercial Handbills Restricted. It shall be unlawful
for any person to deposit, place, throw, scatter or cast any commercial
handbill in or upon any public place within this City; and it shall
be also unlawful for any person to hand out or distribute or sell
any commercial handbill in any public place.
d.
Distribution of Handbills on Private Property. Commercial and noncommercial
handbills may be distributed on private property, provided they are
not distributed to dwellings, whether inhabited or uninhabited, where
there is posted in a conspicuous place near the entrance a sign, issued
by the City of Bayonne to any person requesting same, bearing the
words, "No Handbills," "No Advertising" or words of similar import
or any similar notice indicating in any manner that the resident of
said premises does not desire to be molested or have his or her right
of privacy disturbed or have any such handbills left upon the premises.
In the case of private premises, inhabited or uninhabited, which are
not posted as provided for in this subsection, the handbill distributor
may place or deposit any such handbill in or upon such private premises
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blown or drifted about the premises or sidewalks,
streets or other public places. Mailboxes, however, may not be used
for holding any handbill if so prohibited by Federal postal law or
regulations.
With regard to multi-family dwellings, the posting of such a
sign shall be in a conspicuous position near the point of delivery,
which sign shall also conspicuously identify the unit in which the
resident who has consented to the posting of the sign resides.
The City Clerk's Office shall maintain a list of all such persons
to whom a City issued sign has been provided and said list shall be
provided to anyone who may request same.
e.
Regulation of Noncommercial Handbills. Noncommercial handbills may
be distributed in both public and private places, provided such handbills
shall not be attached to, deposited or placed in or upon motor vehicles
unless occupied and the occupant expressly accepts same. It shall
not be unlawful for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill in any
public place to any person willing to accept such noncommercial handbill.
No person shall distribute or circulate any noncommercial handbill,
however, which does not have printed on it the name and address of
(1) the person who printed, wrote, compiled or manufactured same and
(2) the person who caused same to be distributed.
g.
Effect on Other Ordinances. This subsection shall not be deemed to
repeal, amend or modify any ordinance ever ordained, either prohibiting,
regulating or licensing canvassers, hawkers, peddlers, transient merchants,
or any person, using the public streets or places for private business
or enterprise, or for commercial sales, not covered herein.
[1972 Code § 6-1.13]
In the event that the owner or possessor of private property
or lands shall refuse or neglect to abate or remedy the condition
which constitutes a violation of this section, the City may cause
the condition to be abated and remedied. Upon the removal of any materials
prohibited to be stored or abandoned on lands by this section by or
under the direction of an appointed officer or officers of this jurisdiction,
in cases where the owner or tenant shall have refused or neglected
to remove the materials within five days of receiving a notice of
violation, such officer shall certify the cost thereof to the City,
which shall examine the certificate, and if found correct shall cause
the cost as shown thereon to be charged against said lands and will
be added to and become and form part of the taxes next to be assessed
and levied upon said lands. The fines shall bear interest at the same
rate as taxes and shall be collected and enforced by the same officers
and in the same manner as taxes.
[1972 Code § 6-1.14; Ord. No. O-09-28 § 2; Ord. No. O-16-39; amended 4-17-2019 by Ord. No. O-19-24]
Summons for violation of this section and for § 3-4 may be issued to the violator by the Police, Litter Inspector, Parking Enforcement Officers, Health Official, Recycling Coordinator, or individuals designated by either the Director of Public Works, Director of Public Safety or the Health Officer.
[1972 Code § 6-8.1; New]
No person shall obstruct any street, highway, public lane, public alley, sidewalk or public park or playground or any other public place by the placing thereon of any food, merchandise or materials or matter of any kind except as provided in subsection 3-4.2.
[1972 Code § 6-8.2]
This section shall not prohibit the following:
a.
The placing of merchandise or material on the sidewalk for delivery
to abutting owners or occupants, provided such material or merchandise
is immediately removed into the premises of the abutting owner or
occupant.
b.
The placing of refuse, ashes and garbage, of the type to be removed
by the sanitation contractor, on the sidewalk at the curb not earlier
than 5:00 p.m. of the evening before it is to be collected on the
following day.
c.
The placing of building materials on the street so as not to obstruct
traffic or the use of the sidewalk as may be necessary in the construction
of a building on the abutting premises but only during the period
of such construction.
d.
The placing on any street of public utility facilities by public
utility companies in the regular course of business.
e.
The placing on public streets of Christmas trees and decorations
for sale during the Christmas season commencing not earlier than November
15 in each year and not later than January 15 in each year.
f.
The erection of poles and street lighting and Christmas decorations
by merchant groups during the Christmas season commencing not earlier
than November 15 in each year and not later than January 15 in each
year.
g.
The vending of newspapers and the maintenance of newspaper stands
for the sale of such newspapers provided such stands are placed as
near as possible to the building line of the street and so as not
to obstruct the use of the sidewalk.
h.
The placing and maintenance of barber poles not exceeding one foot
in diameter in front of barber shops in a position where no part of
the barber pole shall be farther than 18 inches from the store front
of the barber shop in front of which it is placed.
i.
The vending of wares and merchandise by store keepers in a commercial
zone in front of and abutting their respective places of business
for sidewalk sales to be held on the third Thursday, Friday and Saturday
of July in each year, provided passageway on such sidewalk is not
obstructed for pedestrians.
[Added 5-15-2019 by Ord.
No. O-19-33]
a.
No person shall obstruct a fire hydrant in the City by placing against
or immediately surrounding the same any posts, fences, vehicles, plants,
trees, growth, garbage, rubbish, landscaping materials, rock materials,
storage and/or other materials. Structures or objects shall not be
placed or kept near fire hydrants, Fire Department inlet connections
or fire protection system control valves (collectively, the "fire
protection equipment") in a manner that would prevent fire hydrants
and/or other fire protection equipment from being immediately discernible
or readily accessible. A three-foot clear space shall be maintained
around the circumference of fire hydrants and/or other fire protection
equipment, including, but not limited to, any automobile, building
material or any obstruction of any kind whatsoever, so as to make
access to the fire hydrant and/or other fire protection equipment
inconvenient or difficult to the Fire Department, without first having
obtained written permission from the Chief of the Fire Department.
b.
Any violation of this subsection shall result in the payment of damages to the City of Bayonne in accordance with the general provisions of Chapter 1.
c.
Enforcement. Violation of any provision of this subsection shall
be cause for an enforcement document to be issued to the violator
by the Police Department, Litter Inspector, Parking Enforcement Officers,
Health Official, Recycling Coordinator, or any municipal officials
designated or authorized by the Department of Public Works, Director
of Public Safety or the Health Officer. The recipient of an enforcement
document shall be entitled to a hearing in a municipal court having
jurisdiction to contest such action.
[1972 Code § 6-14.1]
No person owning or operating any restaurant, dining room or
other public place where food or liquid refreshments are sold or served
to the general public, and for which place license or permit authorizing
the sale of alcoholic beverages for on-premises consumption has not
been issued, shall permit, allow or suffer the consumption of alcoholic
beverages at such restaurant, dining room or public place.
[1972 Code § 6-14.2]
a.
No person shall consume any alcoholic beverage within the limits
of the City or have in his possession any open alcoholic beverage
container with unconsumed alcoholic beverage while:
1.
In or on a public street, sidewalk, public parking place, park, playground,
recreation area, school buildings, or grounds, or any other public
or quasi-public place or in any public conveyance.
2.
In a private or commercial motor vehicle while such vehicle is in
motion or parked in any public street, lane, or parking area, parking
lot or any other public or quasi-public place.
3.
Upon any private property not his own without the permission of the
owner or other person having authority to grant such permission.
b.
No person shall discard any alcoholic beverage container upon any
public street, sidewalk, public parking place, park playground, recreation
area, school buildings, or grounds, any other public or quasi-public
place, any public conveyance, or upon any private property not his
own without permission of the owner.
c.
Notwithstanding paragraphs a or b, as set forth above, the Mayor
and Council may, by resolution, permit the possession or consumption
of alcoholic beverages in a designated park at a designated time or
times in connection with a specific event, series of events or observances
which have been authorized by the Municipal Council.
[1972 Code § 6-14.3; New]
[1972 Code § 6-23.1]
No person shall urinate or defecate or commit any kindred nuisances
in any public street, sidewalk, public or quasi-public place not provided
for such purpose.
[Ord. No. O-11-27]
It is the policy of the City of Bayonne to prevent the air pollution
caused by the idling of diesel powered and gasoline fueled motor vehicles
on public and quasi-public property that may jeopardize the health,
welfare or safety of the citizens or degrade the quality of life.
The City of Bayonne, in the County of Hudson, State of New Jersey,
does hereby adopt N.J.A.C. 7:27-14.1 et seq., N.J.A.C. 7:27-15.1 et
seq., and N.J.S.A. 39:3-70.2, as such statutes, rules and regulations
may be amended from time to time, prohibiting idling of diesel powered
and gas fueled motor vehicles on public streets and quasi-public property,
as same are defined in the foregoing statutes, within the City limits.
[Ord. No. O-11-27]
Pursuant to N.J.A.C. 7:27-14.3, no person may cause, suffer,
allow or permit the engine of a diesel powered motor vehicle to idle
on public streets or quasi-public property for more than three consecutive
minutes if the vehicle is not in motion, subject to the exceptions
set forth in this section and otherwise under New Jersey Statutes,
rules and regulations, as same may be amended from time to time.
[Ord. No. O-11-27]
Pursuant to N.J.A.C. 7:27-15.8, no person may cause, suffer
allow or permit the engine of a gasoline fueled motor vehicle to idle
on public streets or quasi-public property for more than three consecutive
minutes if the vehicle is not in motion, subject to the exceptions
set forth in this section and otherwise under New Jersey Statutes,
rules and regulations, as same may be amended from time to time.
[Ord. No. O-11-27]
The above provisions shall not apply to:
a.
Autobuses while discharging or picking up passengers;
b.
Motor vehicles stopped in a line of traffic;
c.
Motor vehicles whose primary power source is utilized in whole or
in part for necessary and definitively prescribed mechanical operation
other than propulsion, passenger compartment, heating or passenger
compartment air conditioning;
d.
Motor vehicles being, or waiting to be examined by a State or Federal
motor vehicle inspector;
e.
Emergency motor vehicles in an emergency situation;
f.
Motor vehicles being repaired or serviced;
g.
Motor vehicles while engaged in the process of connection or detachment
of a trailer or of an exchange of trailer; or
h.
Motor vehicles manufactured with a sleeper berth while being used
in a nonresidentially zoned area by the vehicle's operator for sleeping
or resting, unless the vehicle is equipped with a functions auxiliary
power system designed in whole or in part to maintain cabin or sleeper
berth comfort or to mitigate cold weather startup difficulties;
i.
A motor vehicle may idle for 15 consecutive minutes when the vehicle
engine has been stopped for three or more hours.
[Ord. No. O-11-27]
In addition to any civil penalties provided for in N.J.A.C.
7:27-14.1 et seq. and N.J.A.C. 7:27-15.1 et seq., any person who operates
a motor vehicle on City streets or quasi-public property in violation
of this section shall be liable for a minimum penalty of $100 and
a maximum penalty of $1,250 per day, per vehicle. Any person who is
convicted of violating this section within one year of the date of
a previous violation of the same provision and who was fined for that
previous violation shall be sentenced by the court to an additional
fine as a repeat offender. The additional fine imposed by the court
upon a person for a repeated offense shall not be less than $100 nor
in excess of $1,250 and shall be calculated separately from the fine
imposed for violation of this section.
[Ord. No. O-11-27]
Local health officials, the Bayonne Police Department and other
local Code Enforcement Officers shall be empowered to enforce the
provisions of this section.
[Ord. No. O-11-27]
No provision of this section shall be construed to impair any
common law or statutory cause of action or legal remedy of any person
for injury or damage arising from any violation of this section or
from other law.
[1972 Code § 6-3.1]
As used in this section:
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly, or consuming an alcoholic beverage in a public place.
Shall mean any place to which the public has access and shall
include any street, highway, road, alley or sidewalk. It shall also
include the front or the neighborhood of any store, shop, restaurant,
tavern or other place of business, and public grounds, areas, parks,
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
section.
[1972 Code § 6-3.2]
No person shall loiter in a public place in such manner as to:
a.
Create or cause to be created a danger of a breach of peace.
b.
Create or cause to be created any disturbance 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 3-8.1. This paragraph 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, or in whose hearing, they are made.
[1972 Code § 6-3.3]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-8.2, he may, 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.
[1972 Code § 6-3.4; New]
[1972 Code § 6-25.1]
It is hereby declared to be public policy that the prohibition
of the sale of tobacco to minors shall be enforced at the municipal
level to its fullest extent and in conjunction with the powers vested
in the City by virtue of legislative mandate of the State of New Jersey.
To that end, the City of Bayonne shall henceforth enforce the prohibition
of the sale of tobacco to minors via both this ordinance and the statutes
regarding same.
[1972 Code § 6-25.2a.; Ord. No.
O-07-29 § 1; amended 4-17-2019 by Ord. No. O-19-26]
a.
Any person who directly or indirectly, acting as agent or otherwise,
distributes for commercial purposes at no cost or at minimal cost
or with coupons or rebate offers or sells, gives or furnishes to a
minor under the age of 21 years, any cigarettes made of tobacco or
of any other matter or substance which can be smoked or any cigarette
paper or tobacco in any form, including smokeless tobacco, either
from a vending machine or by retail counter sales, is subject to a
penalty of not more than $1,250 for each offense. This section shall
in no way impede the ability of the municipality to pursue remedies
under N.J.S.A. 2A:170-51[1] if the municipality should so choose.
[1]
Editor's Note: N.J.S.A. 2A:170-51 was repealed by L. 1999,
c. 90, § 19, effective 5-3-1999.
[1972 Code § 6-25.2b.]
With respect to violations of N.J.S.A. 2A:170-51, insofar as
the municipality is permitted to recommend suspension or revocation
of a license, it shall be the practice of this municipality to provide
the party found to be in violation of said statute with written notice
of a hearing regarding same. Said written notice shall be made at
least 15 days prior to the date of the hearing.
[1972 Code § 6-25.2c.]
The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection 3-9.2:
a.
That the purchaser of the tobacco product or person receiving a promotional
sample falsely represented, by producing either a driver's license
or non-driver identification card issued by the Motor Vehicle Commission,
a similar card issued pursuant to the laws of another state or the
Federal government or Canada, or a photographic identification card
issued by a county clerk, that he was of legal age to make the purchase
or receive the sample;
b.
That the sale or distribution was made in good faith, relying upon
the production of the identification in paragraph a, the minor's appearance,
and in the reasonable belief that the purchaser or recipient was actually
of legal age to make the purchase or receive the sample.
[Ord. No. O-05-36 § 1]
a.
Purpose. To provide for criminal history background checks of persons
with unsupervised direct access to minors of youth serving recreation
organizations.
b.
CO-SPONSORED
CRIMINAL HISTORY RECORD BACKGROUND CHECK
DEPARTMENT
REVIEW COMMITTEE OR COMMITTEE
SPONSORED
SUPERVISED
UNSUPERVISED
VOLUNTEER
YOUTH SERVING RECREATION ORGANIZATION OR ORGANIZATION
Definitions.
Shall mean City provision of funding or facilities, including
maintenance of facilities.
Shall mean a determination of whether a person has a criminal
record by cross-referencing that persons name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police.
Shall mean the City of Bayonne Police Department.
Shall mean a three member committee consisting of the Superintendent
of Parks and Recreation, Chief of Police and the Business Administrator
or his designee. The Committee shall be charged with the review of
all appeals by any employee or volunteer whose criminal history background
check reveals a disqualifying criminal conviction.
Shall mean recreation run directly by the City of Bayonne
Recreation Department, including, oversight, control and/or fiscal
contribution.
Shall mean under constant observation.
Shall mean not supervised or under constant observation.
Shall mean any person involved with a City of Bayonne sponsored
or cosponsored sports program or league who has regular unsupervised
direct access to minors as a result of their involvement with the
organization.
Shall mean a corporation, association or other organization,
including those with nonprofit status and which provides recreational
related activities or services for persons younger than 18 years of
age, in connection with City of Bayonne sponsored or cosponsored sports
programs or leagues.
c.
Requests for Criminal Background Checks; Costs.
1.
The City of Bayonne requires that all employees and volunteers of
youth serving recreation organizations request through the City of
Bayonne Police Department that the State Bureau of Identification,
in the Division of State Police, conduct a criminal history record
background check on each prospective and current employee or volunteer
of the organization. There shall be a thirty-day grace period for
each new employee or volunteer of the youth serving organization to
make application for this criminal history record background check.
All coaches must have their fingerprinting and applications completed
by the end of the thirty-day grace period.
2.
The City of Bayonne shall conduct a criminal history record background
check only upon receipt of the written consent for the check from
the prospective or current person with direct unsupervised access
to minors.
3.
The organization shall bear the costs associated with conducting
a criminal history background check in accordance with the fees established
by the State Bureau of Identification, in the Division of State Police
and in accordance with N.J.S.A. 125A:3A-2(d).
4.
The Division of State Police shall inform the City of Bayonne Police
Department whether the person's criminal history record background
check reveals a conviction of a disqualifying crime or offense specified
in paragraph d of this section. Any information received by the City
of Bayonne Police Department shall be confidential.
5.
Any person who, by virtue of their occupation, is required by statute
to undergo a Federal and State criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirement hereunder until three years has elapsed
since the most current background check.
d.
Conditions Under Which a Person is Disqualified from Service.
1.
A person may be disqualified from serving as an employee or volunteer
of a youth serving recreation organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes and offenses:
(a)
In New Jersey, any crime or disorderly persons offense:
(1)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery;
(2)
Against the family, children or incompetents, meaning those
crimes and disorderly persons set forth in N.J.S.A. 2C:24-1 et seq.,
such as endangering the welfare of a child;
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly person's
offenses described in this section.
e.
Submission, Exchange of Background Information.
1.
Prospective or current employees or volunteers of youth serving recreation
organizations shall submit their names, address, fingerprints and
written consent to the organization for the criminal history record
background check to be performed. The organization shall submit this
documentation to the Police Department through the Chief of Police
who shall coordinate the background check and refer the information,
to the State Police and FBI for the initial check. Thereafter, all
subsequent background checks shall be submitted to the City of Bayonne
Chief of Police, who shall coordinate a background check every three
years after the date of the initial check.
2.
The City of Bayonne Police Department shall act as a clearinghouse
for the collection and dissemination of information obtained as a
result of conducting criminal history record background checks pursuant
to this section.
f.
Limitations on Access and Use of Criminal History Record Information.
1.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the Review Committee, as authorized by Federal or State
Statute, Rule or Regulation Executive Order, Administrative Code,
local ordinance or resolution regarding obtaining and disseminating
of criminal history record information obtained under this section.
2.
The Review Committee shall limit their use of criminal history record
information solely to the authorized person for which it was obtained
and criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Any person violating
Federal or State Regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
g.
Challenge of Accuracy of Report.
1.
If a criminal history record may disqualify an employee or volunteer
for any purpose, the Review Committee's determination shall be provided
to the employee or volunteer with an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The employee or volunteer shall be afforded a reasonable period
of time to correct and complete this record. A person is not presumed
guilty of any charges or arrests for which there are no final dispositions
indicated on the record. The New Jersey State Police shall make the
initial recommendation, based solely on the New Jersey State Statutes,
to the Police Department who shall provide the information to the
Review Committee. They shall advise the Review Committee whether or
not the volunteer is being recommended. The Review Committee will
receive a preprinted form on each individual submitted to the State
Police for a background check. One form will be for recommendation
and the other will be for rejection. If there is a rejection, the
Review Committee may still allow the employee or volunteer to participate.
The New Jersey State Police will make a recommendation based on the
record only. It is within the Review Committee's discretion to overturn
the decision of New Jersey State Police recommendation.
2.
The Review Committee shall promptly notify a prospective or current
employee or volunteer whose criminal history background check reveals
a disqualifying conviction. The person shall have 30 days from the
receipt of that notice to petition the Review Committee for a review
and cite reasons substantiating the review.
3.
Notwithstanding the provision of paragraph d of this section, no
person shall be disqualified from serving as an employee or volunteer
of a nonprofit youth serving organization on the basis of any conviction
disclosed by a criminal history record background check. If the person
can affirmatively demonstrate rehabilitation to the Review Committee.
In determining whether a person has affirmatively demonstrated rehabilitation,
the Review Committee shall consider the following factors:
(a)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(d)
The date of the offense;
(e)
The age of the person when the offense was committed;
(f)
Whether the offense was an isolated or repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(h)
Any evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received, acquisition
of additional academic or vocational schooling, successful participation
in correctional work-release programs, or the recommendation of those
who have had the person under their supervision.
4.
The Review Committee shall promptly advise the organization, in writing.
If a current or prospective employee or volunteer whose criminal history
record background check reveals a disqualifying offense has affirmatively
demonstrated rehabilitation under this section.
5.
This section shall not apply to persons who have been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c of N.J.S.A. 2C:1.3-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant to P.L. 1993, c.291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b, if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
6.
When the Review Committee receives written notification from the
Police Department stating whether the criminal history record background
check of a current or prospective employee or volunteer performed
pursuant to the provision of N.J.S.A. 5A:3A-4 reveals a disqualifying
offense or stating that the person has affirmatively demonstrated
rehabilitation under this act, the organization or Review Committee
may file that written notification with the Police Department.
7.
The Police Department shall keep the written notification on file
for three years from the date it was issued.
8.
The Review Committee may request the Police Department to review
its files to determine if there is written notification on file stating
whether a criminal history record background check of a current or
prospective employee or volunteer revealed a disqualifying offense
or stating that the person has affirmatively demonstrated rehabilitation
under this act. A current or prospective employee or volunteer shall
not be required to submit to another criminal history record background
check if such written notification was issued within the past three
years.
h.
Penalty. Failure to comply with this section may result in the City
withholding funding for the program or league, prohibiting the use
of facilities, and/or prohibiting the use of facility maintenance.
[Ord. No. O-05-37 § 1; Ord. No. O-07-30 § 1]
a.
Prohibition. No person over the age of 18 who has been convicted
of a violation of any crime against a minor as listed in N.J.S.A.
2C:7-2 and who as a result of said conviction is required to register
with the proper authorities pursuant to N.J.S.A. 2C:7-1 et seq. Registration
and Notification of Release of Certain Offenders, shall be permitted
to reside or live within 2,500 feet of any school, park, playground,
or day care center in the City.
b.
Compliance Required. A person who resides or lives within 2,500 feet
of any school, park, playground or day care center in the City shall
have 60 days from receipt of written notice of the prohibition set
forth herein to move. Failure to move to a location which is in compliance
with this section within that time period shall constitute a violation
of this section.
c.
Exemption. This section shall not apply to a person who has established
a residence prior to November 1, 2005.
d.
Violations and Penalties. Any violation of this section shall be
punishable by a fine not exceeding $1,250 and/or imprisonment for
a term not exceeding 90 days, and/or period of community service not
exceeding 90 days.
[Ord. No. O-12-12]
a.
The Council of the City of Bayonne finds and declares that: tobacco
is the leading cause of preventable disease and death in the State
and the nation, and tobacco smoke constitutes a substantial health
hazard to the nonsmoking majority of the public; smoking is currently
allowed within the confines of the Don Ahern Veterans Memorial Stadium,
subjecting nonsmokers to the dangers of secondhand smoke; it is clearly
in the public health and best interest to prohibit smoking within
the stadium.
b.
Smoking shall be prohibited within the enclosed fenced areas of the
Don Ahern Veterans Memorial Stadium at all times. This includes all
areas of the stadium enclosed by fencing, including but not limited
to all parts of the main field, stands, concession areas, and the
practice field. It shall not include the parking lot, which is not
enclosed.
c.
Smoking shall be prohibited within 50 linear feet from any and all
entrances and exits to the Don Ahern Veterans Memorial Stadium.
d.
The Health Officer, or the Health Officer's designee, and the Police
Department are hereby charged with the enforcement of this section.
All members of the Division of Health and the Police Department are
hereby designated as enforcement officers for the purpose of enforcement
of this section.
e.
A "No Smoking" sign shall be clearly, sufficiently and conspicuously
posted at every entrance to the Don Ahern Veterans Memorial Stadium.
The sign(s) shall have the words "No Smoking" in lettering that is
not less than two inches in height, or shall contain the international
symbol or sign for no smoking (consisting of a pictorial representation
of a burning cigarette enclosed in a circle with a bar diagonally
through the cigarette) that is not less than two inches in height.
The sign shall also indicate that violators are subject to a fine.
f.
It shall be unlawful to burn, inhale from, exhale the smoke from,
or possess a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco or any other matter that can be smoked,
within the fenced confines of Veterans Stadium.
Any person who shall violate any provision of this section shall
be guilty of an infraction punishable by:
[1972 Code § 6-22.1]
The use of broad-tipped pens, paint, spray cans, pencils, pens,
crayons or other marking devices to write graffiti on the walls or
other spaces of public or private buildings, vehicles, areas or facilities
causes serious defacement of such buildings, vehicles and areas, public
and private, and contributes to the deterioration of property values.
Such practices exhibit a contempt for the property rights of private
citizens as well as governmental authority, contribute to an erosion
of respect for authority and depreciate the quality of life in the
City of Bayonne.
[1972 Code § 6-22.2]
As used in this section:
Shall mean any unsightly, offensive or defacing by writings
or other written or pictorial matter which is placed by any method
or device and of any content which contributes to the defacement of
real or personal property, whether public or private, which contributes
to the ugliness and unsightliness of its object, space, area or community
and which is detrimental to the attractiveness, neatness and good
order of the City.
[1972 Code § 6-22.3]
a.
No person shall write, paint or draw any inscription, figure, graffiti
or mark of any type on any building, public or private, or any other
property, real or personal, owned, operated or maintained by a public
benefit corporation, the City or by any person, firm or corporation
or any agency or instrumentality thereof, without the express permission
of the owner or operator of said property.
b.
Absent express permission to the contrary, it shall be unlawful for
any person to carry an aerosol can of paint in any public building
or other public facility with intent to use the same in violation
of this section, unless such aerosol can is delivered completely enclosed
in a sealed container, which aerosol can cannot be utilized unless
the seal is broken and cannot be resealed by the purchaser.
[1972 Code § 6-22.4]
In the enforcement of this section, all persons, directly or
indirectly involved, shall be as equally responsible and guilty as
the individual who actually defaces the object or area. Any individuals
who encourage and participate in such activity, as well as individuals
who make available the tools, writing materials, ladders, lookouts,
material or assistance or who knowingly supply funds to acquire materials
for such purposes, including parents and friends, shall be equally
guilty and liable for punishment under this section.
[1972 Code § 6-22.5]
This section shall not be construed to prohibit easily removed
chalk markings on public sidewalks or streets in connection with traditional
children's games or any lawful business or public purpose or activity.
[1972 Code § 6-22.7]
The parent or legal guardian of an unemancipated minor who resides
with such parent or legal guardian shall be liable for any fine or
condition or restitution imposed by the Municipal Court upon an unemancipated
minor for violation of this section, if said minor has not paid the
fine or made restitution or reparation within the time ordered by
the Municipal Court, and further if the parent or legal guardian has
been made a party defendant in all enforcement proceedings against
the unemancipated minor for violation of the section and shall be
served with all citations, summons, complaints, notices and other
documents required to be served on the unemancipated minor defendant.
[1972 Code § 6-22.8]
It shall be the duty of any owner or tenant or person in possession
of any building or property in the City:
[1972 Code § 6-22.9; Ord. No. O-09-28 § 2]
After an investigation of a complaint of any resident, officer
or employee of the City, or upon his or her own motion, the Health
Officer or an agent thereof shall investigate the nature and extent
of the alleged graffiti. If the reported condition is found to exist,
the Director shall notify the owner, tenant or person in possession
of the building or property complained of, in writing, either personally
or by registered mail, to remove said graffiti within 10 days after
receipt of the notice. The Health Officer or an agent thereof shall
reinspect the building or property in question to determine whether
or not the condition complained of has been abated or remedied.
[1972 Code § 6-22.10; Ord. No.
O-09-28 § 2]
In the event that the owner, tenant or person in possession
of the building or property in question shall refuse or neglect to
abate or remedy the condition complained of within 10 days after the
receipt of the notice, the Health Officer shall cause the condition
complained of to be abated and remedied and shall certify the costs
to the Municipal Council, which shall examine the certification and,
if found correct, cause the costs set forth therein to be charged
against the real property. The amount shall become a lien upon the
real property and shall be added to and become and form a part of
the taxes next to be assessed and levied upon such real property,
the same to bear interest at the same rate as taxes, which shall be
collected and enforced by the same officer and in the same manner
as taxes.
[1972 Code § 6-21.1]
As used in this section:
Shall mean any felt tip marker, china marker or similar device
that is not water soluble and which has a flat or angled writing surface
1/2 inch or greater.
Shall mean any individual under 18 years of age.
Shall mean any individual, partnership or corporation selling
or offering for sale any of the items prohibited by this section.
Shall mean any paint or pigmented substance in an aerosol
or similar spray container or intended for use in an aerosol or similar
spray container.
[1972 Code § 6-21.2]
a.
Enclosed Device Required. No person shall sell or offer for sale,
transfer or offer to transfer any spray paint container or indelible
marker unless such paint container or indelible marker is held for
sale or transfer in an enclosed device which is constructed to prevent
removal of the merchandise except by authorized attendants or is stored
and monitored in such a way as to prevent free and uninhibited access
to the merchandise by the general public under the age of 18.
b.
Sale or Transfer to Minors. No persons shall sell, exchange, give
or loan any aerosol spray can containing any substance commonly known
as "paint" or containing any other opaque liquid capable of being
propelled by the aerosol can, or any indelible marker to any minor
unless that person provides for the supervision of the minor's use
of such spray can or indelible marker or unless said minor is accompanied
by a parent or legal guardian at the time of purchase or transfer.
c.
Fraudulent Proof of Age. No minor shall, at the time of purchase of indelible markers or spray paint as defined in subsection 3-14.1, knowingly furnish fraudulent evidence of majority including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a Federal, State, County or Municipal government.
d.
Possession of Paint and Markers by Minor. No minor, unless accompanied
by an adult, shall have in his or her possession any aerosol spray
can containing any substance capable of defacing property, commonly
known as "paint," or any indelible marker while upon any public highway,
street, alleyway, park, playground, swimming pool or other public
place, whether such minor is or is not in any automobile, vehicle
or other conveyance.
e.
Possession as Intent. Absent express permission to the contrary,
it shall be unlawful for any person to possess a spray paint container
or indelible marker in any public building or upon any public facility
or private property with the intent to use the same to deface said
public building, facility or property.
[1972 Code § 6-21.3]
a.
Any person violating the provisions of subsection 3-14.2 shall, upon conviction of a first offense, be punished by a fine not exceeding $100 or by imprisonment for a term not exceeding 30 days or both, at the discretion of the Court.
[1972 Code § 6-21.4]
The parent or legal guardian of an unemancipated minor who resides
with such parent or legal guardian shall be liable for any fine or
condition or restitution imposed by the Municipal Court upon an unemancipated
minor for violation of this section, if the minor has not paid the
fine or made restitution or reparation within the time ordered by
the Municipal Court, and further if said parent or legal guardian
has been made a party defendant in all enforcement proceedings against
the unemancipated minor for violation of the section and shall be
served with all citations, summons, complaints, notices and other
documents required to be served on the unemancipated minor defendant.
[1972 Code § 6-21.5]
Any person who owns, manages or operates a place of business
wherein aerosol or spray containers of paint or indelible markers
capable of defacing property are sold shall conspicuously post a copy
of this section in such place of business in letters at least 3/8
inch high.
[1972 Code § 6-27.1]
As used in this section:
Shall mean any street used as a public thoroughfare, any
public park used for leisure, recreation or conservation purposes,
any sidewalk adjoining streets within the public right-of-way, any
place owned, leased or utilized by the City of Bayonne or any of its
boards or agencies.
Shall mean a synthetic putty, vinyl, and/or foam like substance
which is shot and/or propelled from a pressurized container which,
when shot or propelled, emerges from the pressurized container in
string-like form. Same being sold under the product name of "Silly
String" or "Fun Streamer" and/or other product names, being products
of like kind and character.
Shall mean chemical compounds, sometimes containing ammonium
sulfide, or other noxious smelling chemicals, which are placed in
containers, some of said containers being made of glass or foil, with
said containers being designed to break open and cause the dissemination
of offensive, putrid and/or rotten odors.
[1972 Code § 6-27.2]
At all times, it shall be unlawful for any person, including
any individual or entity, to discharge, or permit the discharge of
silly string, stink bombs or stink bags in public places.
[1972 Code § 6-27.3]
At all times it shall be unlawful for any person, including
any individual or entity, to sell silly string, stink bombs or stink
bags in public places.
[1972 Code § 6-27.5; New]
[Ord. No. O-00-58 § 6]
The purpose of this section is to protect individuals 16 years
old and younger from injury as the result of their use of scooters
in and on the public sidewalks and streets of the City of Bayonne.
[Ord. No. O-00-58 § 6.1]
As used in this section:
Shall mean a device propelled by muscular power which consists
of a footboard between end wheels and is controlled by an upright
steering handle attached to a front wheel or the footboard. For the
purpose of this section, the definition of the word "scooter" shall
include devices that are popularly called "razorboards."
[Ord. No. O-00-58 § 6.2]
No person 16 years old or younger shall operate a scooter 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's 1990
Standard for Protective Headgear for use in Bicycling, the American
Society for Testing and Materials (ASTM) standard or other such standard
as appropriate. This requirement shall apply at all times while a
person subject to the provision of this section is operating a scooter
on any property open to the public or used by the public for riding
a scooter.
[Ord. No. O-00-58 § 6.3]
a.
A person who violates the provisions of this section by failing to
wear an 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 $25 for a first offense and a maximum of $100 for a subsequent
offense. Additionally, the parent or legal guardian of the violator
may be fined a maximum of $25 for a first offense and a maximum of
$100 for a subsequent offense if it can be shown that the parent or
legal guardian failed to exercise reasonable supervision or control
over violator's conduct. The penalties provided under this section
for failing to wear an approved helmet may be waived if the parent
or legal guardian of the violator presents suitable proof that an
approved helmet or appropriate personal protection has been purchased
since the violation occurred.
[1972 Code § 6-20.1; Ord. No. O-00-25; Ord. No. O-01-38; Ord. No. O-12-06; Ord.
No. O-16-58 § 1]
In accordance with and pursuant to the authority N.J.S.A. 2C:35-7,
the drug-free school zone map dated September 14, 2016, is hereby
approved and adopted as an official finding and record of the location
and areas within the municipality 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 1,000 feet of
such school property.
[1972 Code § 6-20.2; Ord. No. O-01-38]
The drug-free school zone map shall continue to constitute an
official finding and record as to the location and boundaries of area
on or within 1,000 feet of property owned 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.
[1972 Code § 6-20.3; Ord. No. O-01-38; Ord. No. O-09-28 § 2]
The Bayonne Board of Education, or the chief administrative
officers 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 Corporation Counsel 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 used for school purposes.
[1972 Code § 6-20.4; Ord. No. O-01-38]
The City Clerk is hereby directed to receive and to keep on
file the original of the map approved and adopted by 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 section shall be provided without cost to the
County Clerk and to the Office of the Hudson County Prosecutor.
[1972 Code § 6-20.5; Ord. No. O-01-38]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to this
section 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 municipality;
2.
The boundaries of the real property which is owned by or leased to
such school or a school board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within 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 or leased to a school or school board
and was being used for school purposes.
c.
Pursuant to the provisions of N.J.S. 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 herein.
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. 2C:35-7, concerning the
preparation, approval and adoption of a drug-free school zone map
have been complied with.
[1972 Code § 6-20.6; Ord. No. O-01-38; Ord. No. O-12-17; Ord. No. O-16-58 § 2]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7.1, the 500-foot drug free public housing, park or building
maps dated September 14, 2016, are hereby approved and adopted as
an official finding and record of the location and areas within the
City of property which is comprised of a public housing facility,
a public park or a public building, and of the areas on or within
500 feet of such public property.
[1972 Code § 6-20.7; Ord. No. O-12-17]
The drug-free public property zone maps shall continue to constitute
an official finding and record as to the location and boundaries of
area on or within 500 feet of property comprised of a housing facility,
a public park or a public building 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 the public property and
drug-free public property zones.
[1972 Code § 6-20.8; Ord. No. O-09-28 § 2; Ord. No. O-12-17]
The drug free public property zone maps may be changed from
time to time by the Municipal Council and each Director is hereby
directed and shall have the continuing obligation to promptly notify
the Municipal Engineer and the Corporation Counsel of any changes
or contemplated changes in the location and boundaries of any public
housing authority property, public park and/or public building.
[1972 Code § 6-20.9; Ord. No. O-12-17]
The City Clerk is hereby directed to receive and to keep on
file the original of the maps approved and adopted by 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 maps approved and adopted herein
and kept on file. It is hereby further directed that a true copy of
such maps and of this section shall be provided without cost to the
County Clerk and to the office of the Hudson County Prosecutor.
[1972 Code § 6-20.10; Ord. No.
O-12-17]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the maps approved and adopted pursuant to this
section were prepared and are intended to be used as evidence in prosecutions
arising under the criminal laws of this State, and that pursuant to
State law, such maps shall constitute prima facie evidence of the
following:
1.
The location of public housing facilities, public parks and public
buildings;
2.
The boundaries of public housing facilities, public parks and public
buildings;
3.
That such public housing facilities, public parks and public buildings
are and continue to be used for public purposes; and
4.
The location and boundaries of areas which are on or within 500 feet
of such public property.
b.
Except as otherwise expressly noted on the face of the approved and
adopted maps, all of the property depicted on the maps approved and
adopted herein as a public housing facility, public park or public
building was being used for public purposes as of January 9, 1988,
the effective date of N.J.S.A. 2C:35-7.1.
c.
Pursuant to the provisions of N.J.S. 2C:35-7.1, 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 ones approved and adopted herein.
The failure of the maps approved herein to depict the location and
boundaries of any property which is, in fact, used as a public housing
facility, public park or public building, 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 used as a public housing facility, a public park or public building.
d.
All of the requirements set forth in N.J.S.A. 2C:35-7.1, concerning
the preparation, approval and adoption of drug-free public property
zone maps have been complied with.
[Ord. No. O-00-20 § 6-28.1; Ord. No. O-01-39]
In accordance with and pursuant to the authority of N.J.S. 2C:11-5
et seq., the following is a list of school crossings that have been
so designated by the City of Bayonne.
4th Street and Lord Avenue
4th Street and Broadway
4th Street and Avenue C
4th Street and Newman Avenue
4th Street and Kennedy Boulevard
5th Street and Lord Avenue
5th Street and Broadway
5th Street and Avenue C
10th Street and Avenue C
10th Street and Kennedy Boulevard
10th Street and Avenue A
11th Street and Broadway
13th Street and Broadway
13th Street and Avenue C
13th Street and Kennedy Boulevard
14th Street and Avenue C
21st Street and Prospect Avenue
22nd Street and Avenue F
22nd Street and Broadway
23rd Street and Avenue C
23rd Street and Kennedy Boulevard
23rd Street and Avenue A
24th Street and Broadway
24th Street and Avenue C
24th Street and Kennedy Boulevard
24th Street and Avenue A
24th Street and Greg Lane
25th Street and Broadway
25th Street and Avenue C
25th Street and Avenue E
26th Street and Broadway
26th Street and Avenue C
26th Street and Kennedy Boulevard
28th Street and Kennedy Boulevard
29th Street and Avenue F
29th Street and Prospect Avenue
30th Street and Prospect Avenue
30th Street and Avenue E
31st Street and Avenue C
31st Street and Kennedy Boulevard
31st Street and Avenue A
32nd Street and Avenue E
32nd Street and Kennedy Boulevard
38th Street and Broadway
39th Street and Avenue E
39th Street and Broadway
39th Street and Avenue C
47th Street and Broadway
47th Street and Avenue C
47th Street and Avenue B
48th Street and Avenue B
48th Street and Kennedy Boulevard
55th Street and Avenue C
56th Street and Avenue C
56th Street and Avenue B
56th Street and Kennedy Boulevard
[Ord. No. O-00-20 § 6-28.2; Ord. No. O-01-39]
In accordance with and pursuant to the authority of N.J.S. 2C:11-5
et alia, the drunk driving free school zone map dated May 30, 2001
is hereby approved and adopted as an official finding and record of
the location and areas within the municipality 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
1,000 feet of such school property.
[Ord. No. O-00-20 § 6-28.2; Ord. No. O-01-39]
The drunk driving free school zone map shall continue to constitute
an official finding and record as to the location and boundaries of
area on or within 1,000 feet of property owned 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 drunk driving free school zones.
[Ord. No. O-00-20 § 6-28.3; Ord. No. O-01-39]
The Bayonne Board of Education, or the chief administrative
officers 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 used for school purposes.
[Ord. No. O-00-20 § 6-28.4; Ord. No. O-01-39]
The City Clerk is hereby directed to receive and to keep on
file the original of the map approved and adopted by this section,
and to provide at a reasonable cost a true copy thereof to any person,
Agency or Court which may from time to time 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 Hudson County
Prosecutor.
[Ord. No. O-00-20 § 6-28.5; Ord. No. O-01-39]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to this
section 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 City;
2.
The boundaries of the real property, which is owned by or leased
to such school or a school board;
3.
The school property is and continues to be used for school purposes;
and
4.
The location and boundaries of areas, which are on or within 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 or leased to a school or school board
and was being used for school purposes as of the effective date of
N.J.S. 2C:11-5.
c.
Pursuant to the provisions of N.J.S. 2C:11-5, 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 herein.
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. 2C:11-5, concerning the
preparation, approval and adoption of a drunk driving free school
zone map has been complied with.
[Ord. No. O-00-20 § 6-28.6; Ord. No. O-01-39]
The City Clerk is hereby directed to receive and to keep on
file the original of the map approved and adopted by this section,
and to provide at a reasonable cost a true copy thereof to any person,
Agency or Court which may from time to time 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 Hudson County
Prosecutor.
[Added 11-9-2022 by Ord. No. O-22-36]
No Person shall be permitted to carry any firearm, concealed
or otherwise, in any public building at any time, including all public
spaces owned, controlled or otherwise under the jurisdiction of the
City of Bayonne, and in any school building or any spaces owned, controlled
or otherwise under the jurisdiction of the Bayonne Board of Education
except for (a) any duly appointed law enforcement officer in the course
of his or her official duties, and (b) any retired law enforcement
officer who is properly credentialed.
[1972 Code § 6-6.1]
As used in this section:
Shall mean any real property within the City which is not
a street or highway.
Shall mean the entire width between the boundary lines of
every way publicly maintained, when any part thereof is open to the
use of the public for purposes of vehicular travel.
Shall mean a machine propelled by power, other than human
power, designed to travel along the ground by use of wheels, treads,
runner or slides, and transport persons or property or pull machinery,
and shall include, without limitation, automobile, truck, trailer,
motorcycle, tractor, buggy and wagon.
[1972 Code § 6-6.2]
No person shall abandon a vehicle within the City and no person
shall leave a vehicle at any place within the City for such time and
under such circumstances as to cause it to reasonably appear to have
been abandoned.
[1972 Code § 6-6.3]
No person shall leave a partially dismantled, nonoperating,
wrecked or junked vehicle on any street or highway within the City.
[1972 Code § 6-6.4]
No person in charge or control of any property within the City,
whether as owner, tenant, occupant, lessee or otherwise, shall allow
the partially dismantled, nonoperating, wrecked, junked, or discarded
vehicle to remain on such property longer than 48 hours; and no person
shall leave such vehicle on any property within the City for a longer
time than 48 hours; except that this subsection shall not apply with
regard to a vehicle in an enclosed building, a vehicle on the premises
of a business enterprise operated in a lawful place and manner, when
necessary to the operation of such business enterprise, or a vehicle
in an appropriate storage place or depository maintained in a lawful
place and manner by the City.
[1972 Code § 6-18.1]
As used in this section:
Shall mean a violation of a State Statute, an ordinance or
resolution adopted by a County, municipality or authority of a regulation
issued by a State authority which regulates the parking of vehicles.
Violations of ordinances or regulations will be within the civil jurisdiction
of the court.
Shall mean the summons issued alleging that a parking offense
has occurred; also referred to as warrant.
[1972 Code § 6-18.2]
a.
The complaint and summons shall be a uniform traffic ticket in the
form prescribed by the Administrative Director of the Courts and shall
contain information advising the person to whom it is issued of the
manner in which and the time within which an answer to the offense
alleged is required. The parking ticket shall also advise that penalties
may result from a failure to answer, that the failure to answer or
appear shall be considered an admission of liability, and that a default
judgment may be entered against the owner of the vehicle.
b.
A parking ticket shall be served personally upon the operator of
a vehicle who is present at the time of service, and his name shall
be recorded on the parking ticket, together with the plate number
and type as shown by the registration plates of the vehicle and the
make or model of the vehicle. If the operator is not present, the
parking ticket shall be served upon the owner of the vehicle by affixing
the parking ticket to the vehicle in a conspicuous place, or by any
other method appropriate under R. 4:4-4 of the Rules Governing the
Courts of the State of New Jersey.
c.
A parking ticket shall also contain sufficient information to inform
the person of the nature, date, time and location of the offense alleged.
Service of a parking ticket by affixation as provided in paragraph
b of this subsection shall have the same effect as if the parking
ticket was personally served on the owner or operator of the vehicle.
d.
The original parking ticket shall be signed by the complainant who
shall certify to the truth of the facts set forth therein. The original
parking ticket or a true copy of the parking ticket shall be considered
a record kept in the ordinary business of the enforcement agency and
shall be prima facie evidence of the facts contained therein.
[1972 Code § 6-18.3]
The Police Department is authorized to impound or immobilize
any vehicle found with the jurisdiction of the City if there are outstanding
warrants against the vehicle.
[1972 Code § 6-18.4]
a.
Time and Notice. Except for vehicles owned by lessors who have complied with paragraphs (1) and (2) of subsection (b) of Section 4 of "The Parking Offenses Adjudication Act," if the outstanding warrants are not paid by midnight on the 30th day following the day on which the vehicle was impounded or immobilized the vehicle may be sold at a public auction. The City shall give notice of the sale by certified mail to the owner, if his name and address are known, and to the holder of any security interest filed with the Director of the Motor Vehicle Commission, and by publication in a form to be prescribed by the Director by one insertion, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the motor vehicle has been impounded or immobilized.
b.
Costs of Removal and Storage; Reclamation. At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of the motor vehicle upon payment of the reasonable costs of removal and storage of the motor vehicle, any fine or penalty and court costs assessed against him for a violation that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicle; however, the owner-lessor of a motor vehicle who has complied with paragraphs (1) and (2) of subsection (b) of Section 4 of "The Parking Offenses Adjudication Act" shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, court costs and outstanding warrants against the vehicle.
c.
Distribution of Proceeds. Any proceeds obtained from the sale of
a vehicle at public auction pursuant to paragraph a of this subsection
in excess of the amount owed to the municipality for the reasonable
costs of removal and storage of the motor vehicle, any fine or penalty
and court costs assessed against him for a violation that gave rise
to the impoundment or immobilization of the motor vehicle, and any
outstanding warrants against the vehicle, shall be returned to the
owner of the vehicle, if his name and address are known.
d.
Liability for Damage. The City of Bayonne, its servants, agents and
employees shall not be liable for any damage or loss sustained by
the owner or lessor of any vehicle impounded or immobilized pursuant
to this section.
[1972 Code § 6-15.1]
As used in this section:
Shall mean and include any pistol, revolver, rifle, shotgun,
air gun, air pistol, cannon, hand grenade or any other instrument
or contrivance from which any bullet, shot, explosive of any kind,
or any other missile is propelled, or in which cartridges, gunpowder,
or other explosive substance is used for ammunition.
[1972 Code § 6-15.2]
a.
The provisions of this section shall not apply to the members of
the Police Department of the City of Bayonne, the members of any Municipal,
County or State Police Department, or any other person authorized
by the Statutes of New Jersey to carry firearms, when the firearms
shall be used in the performance of official duties, or to the discharge
of a firearm for any lawful purpose.
b.
Target practice shall be permitted at any completely enclosed indoor
pistol or rifle range already established, and shall also be permitted
at any pistol or rifle range that may hereafter be established with
permission of the Mayor and Council after the Mayor and Council have
satisfied themselves that the establishment of such range will not
become or constitute a menace to the safety, health, or welfare of
the inhabitants of the City; provided that if any pistol or rifle
range now or hereafter established becomes or constitutes a menace
to the safety, health or welfare of the inhabitants of the City, the
Mayor and Council may revoke such permission and order the range closed
for target practice.
[1972 Code § 6-15.3]
It shall be unlawful for any person to fire, discharge or set off any firearm within the limits of the City of Bayonne except as provided in subsection 3-27.2.
[1972 Code § 6-15.4; New]
[1972 Code § 6-24.1]
It is hereby declared to be the public policy of the City that
the indiscriminate abandonment of shopping carts in parking areas,
roadways, and other places, public or private, constitutes a hazard
to vehicular and/or pedestrian travel; and in unlighted areas constitutes
the creation of dangerous obstructions resulting in a nuisance hazardous
to the public generally.
[1972 Code § 6-24.2]
As used in this section:
Shall mean the termination of the immediate use of a cart
by a person described herein, on other than the limited area permitted,
when such cart is unattended on any public or private property or
street, as defined herein.
Shall mean any wheeled vehicle for the transportation of
goods, constructed of metal, wire, wood or other material, either
hand drawn or self-propelled, and generally provided by merchants
or their agents for carting or carrying goods to checkout counters,
automobiles or other vehicles by patrons.
Shall mean a natural person of either sex, corporations,
partnerships, associations, joint stock companies, societies, and/or
other entities capable of being sued.
Shall mean a street, road, alley, avenue, lane, culvert,
highway, boulevard, concourse, driveway, sidewalk and crosswalk and
class of road, square, place or municipal parking used by the general
public.
[1972 Code § 6-24.3]
Any cart used in the City shall have securely attached thereto
a plainly visible plastic or metal identification card. The number
of the cart, the name and address of its owner and location of the
premises where it actually is available for use shall be legibly printed
on such identification card. Duplicate numbers shall be avoided.
[1972 Code § 6-24.4]
a.
It shall be unlawful for any person or his agent or employee to abandon
or suffer or permit to be abandoned any cart, whether owned by him
or in his possession, custody or control, upon any street or other
public property, as set forth above in the City, other than the authorized
area or areas described herein.
b.
Carts, except those privately owned, shall not be removed beyond
the parking lot area of the market or business, or if no parking lot
area exists or is full to capacity, carts shall not be removed more
than 100 feet from the entrance of the premises upon which the market
or business is located, and when the use thereof is concluded and
finished, they shall be returned to the premises wherein the parking
area is located or, if there be no parking area, into the market building
itself.
[1972 Code § 6-24.5]
The City's representative or designee shall, at reasonable hours,
be allowed to enter upon premises where carts are provided and available
for use for the purpose of inspecting carts for proper identification
and otherwise effecting compliance with this section.
[1972 Code § 6-24.6]
The City's authorized agent, representative or designee is authorized
to remove or cause to be removed and impounded any cart found abandoned
in any of the prohibitive areas described herein and deliver it to
any City-owned storage facility available for such purpose. Within
five days after the removal of the cart, the City shall by ordinary
mail, notify the owner thereof at the address indicated on the identification
card, that the impounded cart may be redeemed for the sum of $25 for
each such cart to cover municipal retrieval costs and in addition
thereto $1 per day for storage for each such cart, within five days
from the date of such notice for redemption. Where any such property
remains unclaimed or unredeemed for a period of five days beyond the
date fixed for redemption, or where a cart impounded has no identification
card and is not claimed or redeemed within 10 days after impounding,
the City shall give at least five days public notice in a newspaper
serving the City, fixing a place, date, time and terms of public sale
of such property to the highest bidder. A specific term of such public
sale shall be that no cart shall be sold for less than $10.
[1972 Code § 6-24.7]
Where any such cart shall remain unsold at public sale, the
City may dismantle, destroy or otherwise sell or dispose of such property.
Any such public sale or other disposition shall be without liability
on the part of the City of Bayonne to the owner of such property or
other person having an interest therein.
[1972 Code § 6-24.8]
a.
Within 24 hours after such cart property is redeemed or sold, the
City of Bayonne shall pay over to the City Treasurer the amount received
for such redemption or sale and at the same time deliver to the Treasurer
a detailed statement concerning such redemption or sale, including
the identity of the property, the name and address of the owner and
the amount received from the redemption or sale. It shall also note
if any such cart or carts do not have the name and address of the
owner affixed thereto.
b.
Within 24 hours after a public sale or disposition, other than redemption
of such carts, the City shall pay over to the Treasurer the proceeds
of the sale or other disposition of the property and at the same time
deliver to the Treasurer a detailed statement, including the identity
of the property, the name and address of the owner and the amount
paid by the purchaser and/or, if there is no name or address thereon,
the amount paid by the purchaser and the costs and expenses of such
sale.
[1972 Code § 6-24.9]
The provisions of this section shall not apply to any property
which may come into the possession or custody of the Police Department
or any other Department of the City, pursuant to any other ordinance,
law or regulation.
[1972 Code § 6-24.10]
Any person who shall violate any of the provisions of this section
shall, upon conviction, be punished by a fine not to exceed $100 and
each violation of any of the provisions of this section, and each
day that there is a violation thereof shall be deemed and taken to
be a separate and distinct offense. This shall be in addition to any
fees for redemption of such property or costs of public sale chargeable
to an owner or person entitled to possession of such property as hereinbefore
provided.
[1972 Code § 7-17.1]
As used in this section:
Shall mean a vehicle consisting of an arrangement or combination
of two wheels, 20 inches or more in diameter, one following the other,
supported by a frame propelled wholly or in part by the feet acting
upon pedals.
[1972 Code § 7-17.2]
It shall be unlawful for any person to operate or use or permit
to be operated or used, or rent for use, any bicycle upon any of the
public highways, streets, avenues, parks or public places in the City
without first obtaining a registration certificate from the Chief
of Police.
[1972 Code § 7-17.3]
Each applicant for registration of a bicycle shall obtain from
Police Headquarters the form of application prescribed by the Municipal
Council. Completed application shall be filed at Police Headquarters
and the Police Department shall inspect the bicycle to determine that
it is in safe mechanical condition. The Police Department shall also
examine the applicant as to his qualifications for operating a bicycle
and as to his knowledge of the vehicle and traffic laws of the State
of New Jersey applicable to bicycles, traffic signs and signals. The
Municipal Council may refuse to issue the registration if the applicant's
bicycle is found to be in an unsafe mechanical condition, if the applicant
fails to pass the examination or for other cause. If the application
is denied, the applicant shall be entitled to apply for and receive
a fair and impartial hearing by the Municipal Council. The Police
Department shall keep records of the action taken with respect to
each application and the registration or the denial, suspension or
revocation.
[1972 Code § 7-17.4]
The Chief of Police is hereby authorized and directed to issue,
upon written application, bicycle registration. The registration shall
entitle the recipient to operate the bicycle for which it has been
issued upon all the public highways, streets, avenues, parks and public
places, exclusive of sidewalks, in the City.
[1972 Code § 7-17.5]
Each year the City shall provide a metallic registration tag
together with a registration certificate or card for each bicycle.
The metallic tags and registration documents shall be stamped in numerical
order beginning with number one and indicating the calendar year issued
after approval of the application and the payment of the required
fee. The tag shall be kept firmly attached to the bicycle during the
term of registration.
Upon the successful completion of registration, pursuant to subsection 3-29.4, the Police Department will etch a registration number into the frame of the bicycle at no cost to the owner. The owner does hereby consent to same.
All persons engaged in the business of bicycles for hire shall be required to comply with subsection 3-29.3 and with this subsection.
[1972 Code § 7-17.6]
It shall be the duty of every person residing in the City who
has complied with this section, upon the sale or transfer of ownership
of any bicycle, to report the sale or transfer to Police Headquarters
so that the name and address of the new owner may be noted on the
records. The report of the sale or transfer shall be made within five
days of the sale or transfer. It shall be the duty of the purchaser
or the transferee to apply to Police Headquarters for registration
within five days of the date of sale or transfer.
[1972 Code § 27-7.3; Ord. No. O-09-28 § 2]
In the case of a false alarm, any person having knowledge thereof
shall immediately notify the Police Department in a manner as established
by the Director of Public Safety. In the case of false alarms the
Director of the Department of Public Safety shall cause an investigation
to be made and keep a record of the alarms on file. For false alarms,
the following penalties apply:
[Ord. No. O-15-32]
a.
No person shall remove, break down, deface or injure any property
in or on any public ground or square of this City.
b.
No person shall injure, destroy or tamper with or assist in injuring,
destroying or tampering with any public building or any other property
belonging to the City or any associated authority, utility or private
contractor that provides services to the City.
