[1973 Code § 48A-1; Ord. No. 8-10-83]
The purpose of this section is to provide regulations for various
types of burglar and fire emergency devices, whether being direct
line, radio, telephone or other means of activating a device to the
Police Headquarters of the Town of Kearny which would require response
thereof by the Police Department, Fire Department or other municipal
agency.
[1973 Code § 48A-1; Ord. No. 8-10-83]
The provisions of this section shall apply to any person who
operates, maintains, or owns any alarm device or local alarm system
designed to summon the Police or Fire Department or other municipal
agency to any location in response to any type of alarm signal.
[1973 Code § 48A-3; Ord. No. 8-10-83]
As used in this section:
Shall mean any alarm device providing a signal to the Police
Department by means of telephone lines or other radio method providing
warning of intrusion, fire, smoke, flood or other peril or any other
device audible or otherwise, resulting in Police response.
Shall mean the activation of an alarm system by inadvertence,
negligence, malfunction or unintentional act of someone other than
an intruder but does not include alarms caused by hurricanes, storms
or other climatic conditions, and shall also include the deliberate
activation of an alarm system in order to test the alarm without prior
notification to the Police Department of the alarm test.
The Police Department shall determine that a malfunction
has occurred when an alarm is activated and no cause for the activation
of the alarm can be determined.
Shall mean and include any natural person, partner or corporation
or association.
[1973 Code § 48A-4; Ord. No. 8-10-83]
In the event an alarm system is activated under conditions heretofore
defined as false alarm, the Chief of Police shall cause an investigation
to be made and keep a record of the instance on file.
When it is determined by the Police Department that four false
alarms have occurred in any given calendar year, a warning shall be
issued by the Police Department to the owner, user or maintainer of
the alarm system, notifying him that in the event of a 5th false alarm
in the same calendar year, a summons will be issued citing a violation
under this section.
[1973 Code § 48A-5; Ord. No. 8-10-83; Ord. No. 2000-0-48; Ord. No. 2002-O-83 § 5]
a.
Any person found guilty after trial in the Municipal Court for violation
of a false alarm for the 4th to 5th occurrences in the same calendar
year shall be fined the sum of $50.
b.
For the 6th to 10th occurrences in the same calendar year the fine
shall be $75.
c.
For the 11th to 20th occurrences the fee shall be $100.
d.
Any further violations in the same calendar year beyond 20 shall
subject the violator to a penalty up to a maximum of $1,000 within
the discretion of the Municipal Judge, with a mandatory court appearance
required.
[1973 Code § 69-1; Ord. No. 10-26-88; Ord. No. 1999-O-27 § 2; Ord. No. 2016-42; Ord.
No. 2019-12]
Pursuant to N.J.S.A. 2C:35-7, the drug-free school zone map
dated February 28, 2019, prepared by Michael Neglia, PE, PLS, PP,
the Municipal Engineer, is hereby approved and adopted as an official
finding and record of the locations and areas within the Town 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 within 1,000 feet of such school property.
[1973 Code § 69-2; Ord. No. 10-26-88]
The drug-free school zone map approved and adopted pursuant to subsection 4-2.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any, that this chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[1973 Code § 69-3; Ord. No. 10-26-88]
The School Board or the Chief Administrative Officer in the
case of any private or parochial school is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or school board and which is
used for school purposes.
[1973 Code § 69-4; Ord. No. 10-26-88]
The Town Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 4-2.1, 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 chapter shall be provided without cost to the County Clerk and to the office of the Hudson County Prosecutor.
[1973 Code § 69-5; Ord. No. 10-26-88]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 4-2.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State Law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.
That such school property is and continues to be used for school
purposes; 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 July 9, 1987, that being
the effective date of N.J.S.A. 2C:35-7.
c.
Pursuant to the provisions of N.J.S.A. 2C:35-7, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 4-2.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d.
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of a drug-free school zone
map have been complied with.
[Ord. No. 1999-0-27 § 3; Ord. No. 2016-42; Ord.
No. 2019-12]
Pursuant to N.J.S.A. 2C:35-7, the drug-free public property
zone map dated February 28, 2019, prepared by Michael Neglia, PE,
PLS, PP, the Municipal Engineer, is hereby approved and adopted as
an official finding and record of the locations and areas within the
Town of property which is used for a public housing facility owned
by or leased to a housing authority or that is used for any public
park, or public building, and of the areas on or within 500 feet of
such public housing, public park, or public building property.
[Ord. No. 1999-0-27 § 3]
As used in this section:
Shall mean any publicly owned or leased edifice or structure.
Shall mean any dwelling, complex of dwellings, accommodation,
building, structure, or facility and real property of any nature appurtenant
thereto and used in connection therewith, which is owned by or leased
to a local housing authority in accordance with the "Local Redevelopment
and Housing Law," 1992 (N.J.S.A. 40A:12A-1, et seq.) for the purpose
of providing living accommodations to persons of low income.
Shall mean a park, recreation facility or area, or playground
owned or controlled by a State, County, or local government unit.
[Ord. No. 1999-0-27 § 3]
The drug-free public zone map approved and adopted pursuant to subsection 4-2A.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of a public housing facility, public park or public building until such time, if any, this chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of public housing facilities, public parks, public buildings and drug-free public housing, public parks, and public building zones.
[Ord. No. 1999-0-27 § 3]
The Town Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 4-2A.1, 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 a copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this chapter shall be provided without cost to the County Clerk and to the office of the Hudson County Prosecutor.
[Ord. No. 1999-0-27 § 3]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 4-2A.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State and that, pursuant to the statute such map shall constitute prima facie evidence of the following.
1.
The location of the public housing facilities within the municipality.
2.
The location of the public parks within the municipality.
3.
The location of the public buildings within the municipality.
4.
The boundaries of the real property that is used for a public housing
facility owned by or leased to a housing authority pursuant to the
"Local Redevelopment and Housing Law," (N.J.S.A. 40A:12A-1, et seq.),
or that is used for any public park or public building.
5.
That such property is and continues to be used for public housing,
public park, or public building purposes.
6.
The location and boundaries of areas that are on or within 500 feet
of such public housing, public parks or public building property.
b.
Except as otherwise expressly noted on the face of the approved and
adopted map, all of the property depicted on the map approved and
adopted herein as public housing, public park, or public building
property was used for public housing, public park, or public building
purposes as of January 9, 1998, that being the effective date of N.J.S.A.
2C:35-7.1.
c.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1, a prosecutor is
not precluded from introducing or relying upon any other evidence
or testimony in order to establish a violation of the offense defined
in that statute. The failure of the map approved herein to depict
the location and boundaries of any property that is 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 that 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 for public housing, public park, or public building purposes;
nor shall this subsection be construed to preclude the use or admissibility
of any map or diagram other than the one that has been approved by
the Mayor and Council, provided that the map or diagram is otherwise
permissible pursuant to the Rules of Evidence.
d.
All of the requirements set forth herein concerning the preparation,
approval, and adoption of a drug-free public housing, public park,
or public building zone have been complied with.
[1973 Code § 38-1; Ord. No. 11-22-94]
a.
It shall be unlawful for any parent or guardian to assist, aid, abet,
allow, permit, suffer or encourage a minor to register or enroll in
the Kearny School System where the minor is ineligible to attend as
a result of the minor's nonresident status.
b.
It shall be unlawful for any person to knowingly permit his or her
name, address or other residence designating documentation to be utilized
in the registration or enrollment of any nonresident student in the
Town of Kearny School System unless previous approval has been granted
by the Superintendent of the Kearny School System or his or her designee.
[1973 Code § 38-2; New]
[Ord. No. 1997-25 § I]
The Council of the Town of Kearny finds that many minors are
contributing to breaches of the public peace. Accordingly, this section
is declared necessary for the preservation of the public peace, health,
safety and welfare of the people of the Town. It is intended to address
situations where parents have failed to act responsibly and reasonably
in the supervision of minors, which failure causes detriment to the
general public.
[Ord. No. 1997-25 § II]
Shall mean those acts which violate the laws of the United
States, the laws of the State of New Jersey or Ordinances of the Town
of Kearny, or those acts which would cause or tend to cause the minor
to come under the jurisdiction of the Municipal Court or Superior
Court, but does not include traffic violations.
Shall mean controlled dangerous substances obtained without
a legal prescription as defined in N.J.S.A. 24:21-2 and N.J.S.A. 2C:35-2.
Shall mean a minor who commits a delinquent act.
Shall mean any person under the age of 18 years residing
with a parent or legal guardian.
Shall mean mother, father, legal guardian and any other person
having the care or custody of a minor or any person acting in parents'
stead who have custody or control of the minor.
[Ord. No. 1997-25 § III]
a.
It is the continuous duty of a parent to exercise control so as to
prevent their minor from committing any delinquent act.
b.
Included (without limitation) in this continuous duty of reasonable
parental control are the following parental duties:
1.
To keep illegal drugs or illegal firearms out of the home and legal
firearms locked in placed that are inaccessible to the minor;
2.
To require the minor to attend regular school sessions and to forbid
the minor from being absent from class without parental or school
permission;
3.
To arrange proper supervision for the minor when the parent must
be absent;
4.
To take the necessary precautions to prevent the minor from maliciously
or willfully destroying real or personal property which belongs to
the Town or which is located in the Town.
5.
To forbid the minor from keeping stolen property, illegally possessed
firearms or illegal drugs or associating with known juvenile delinquents,
and to seek help from appropriate governmental authorities or private
agencies in handling or controlling the minor when necessary.
[Ord. No. 1997-25 § IV]
Whenever a minor is arrested or detained for the commission
of any delinquent act within the Town, the parent of the minor shall
be immediately notified by the Kearny Police Department advising the
parent of such arrest or detention, the reason therefor, and the parent's
responsibility under this section.
[Ord. No. 1997-25 § V]
a.
No parent of any minor shall fail to exercise reasonable parental
control over such minor and adjudication that a minor has committed
a delinquent act shall be evidence that the minor's parent failed
to exercise reasonable parental control.
b.
The parent of the minor who committed a delinquent act shall be held
civilly responsible for the damages caused by the commission of the
delinquent act.
c.
Upon the first conviction of a violation of this section, parents
shall be subject to a fine of not less than $75, nor more than $100.
d.
Upon the second conviction of a violation of this section, parents
shall be subject to a fine of not less than $100 nor more than $500,
and in addition shall be sentenced to probation with the condition
that the parent participate in, through completion, a Court approved,
community based treatment program (such as parenting skills, family
services, employment and training), or at the discretion of the Court,
the imprisonment for a period of not more than 30 days.
e.
Upon a third or subsequent violation and conviction the parent shall
be subject to a fine of not less than $200, nor more than $500, and
at the discretion of the Court, imprisonment for a period of up to
90 days.
[Ord. No. 1997-25 § VII]
The remedy provisions of this section shall not be exclusive
and the State or any other person shall have the right to proceed
under any other legally available remedies in addition to the remedies
provided in this section.
[1973 Code § 49-28; Ord. No. 6-12-74; Ord. No. 12-22-82]
a.
No person shall drink, imbibe or consume any alcoholic beverage upon
any portion of lawn or other public grounds within the Town, including
but not limited to public places, playgrounds and municipal grounds
surrounding municipal buildings and public streets in the Town.
b.
The possession by any person of an open container of any alcoholic
beverage in any of the aforementioned public places shall constitute
a prima facie violation of paragraph a hereof that any person so possessing
an open container of any alcoholic beverage in any of the aforementioned
public places is actually observed in the act of drinking therefrom.
c.
No person shall be drunk or in a state of intoxication in or upon
any street, highway, thoroughfare or other public place within the
Town.
[1973 Code § 49-29; Ord. No. 6-12-74; Ord. No. 12-22-82]
The foregoing prohibitions shall not apply to certain specific
areas designated in writing by the Recreation Commission or to those
persons or groups of persons who are issued a special permit by the
Superintendent of Recreation for consumption of alcoholic beverages,
which permit shall designate the function, number of persons, area
of the activity and hours of validity of the permit.
[1973 Code § 49-30; Ord. No. 6-12-74; Ord. No. 12-22-82]
[1973 Code § 110-38]
As used in this section:
Shall mean a single platform which is mounted on wheels,
having no mechanism or other device with which to steer or control
the direction of movement thereof while being used, operated or ridden.
[1973 Code § 110-39]
No person shall use, operate or ride upon any skateboard on
any public street, public sidewalk, public park, public parking lot
or other public place within the Town.
[1973 Code § 110-40]
Any Police Officer who shall observe any person using, operating
or riding upon a skateboard in violation of this section shall take
possession of the skateboard, and the same shall be forfeited to the
Town and destroyed.
[1973 Code § 110-41; New]
[Ord. No. 2008-(O)-48]
The provisions of this section shall not apply to the skateboard
park within Gunnel Oval Park.
[1973 Code § 99-1]
As used in this section:
Shall mean remaining idle in essentially one location, and
includes the concepts of spending time idly, loafing or walking about
aimlessly.
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 a person charged with violating this section,
or, in the case of a minor, not owned by or under the control of his
parent or guardian.
[1973 Code § 99-2]
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 the peace.
b.
Create or cause to be created any disturbances or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest or interfere with any person lawfully in any public place as defined in subsection 4-7.1. 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 whom or in whose hearing they are made.
[1973 Code § 99-3]
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 4-7.2 he shall, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1973 Code § 99-4; New]
[1973 Code § 99A-2]
It shall be unlawful for juveniles to be in any public place
between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by
a parent or guardian. This prohibition does not apply if the juvenile
is:
a.
Engaged in, or traveling to or from, a business or occupation which
the laws of the State of New Jersey authorize a juvenile to perform;
b.
Engaged in an errand involving a medical emergency;
c.
Attending religious services, extracurricular school activities,
activities sponsored by a religious or community organization or other
cultural, educational or social events or is in direct transit to
or from such events.
[1973 Code § 99A-3]
It shall be unlawful for any parent or guardian to permit, suffer
or allow any juvenile in his or her care to be in any public place
between the hours of 10:00 p.m. and 6:00 a.m.
[1973 Code § 99A-4]
Any person violating the provisions of this section shall perform
community service and may be subject to a fine of no more than $1,000;
and if parents or guardians as well as a juvenile are found guilty
of violating this section, the parents or guardians shall perform
community service together with the juvenile. The period of community
service shall not exceed 90 days.
[1973 Code § 110-48; Ord. No. 3-28-79; Ord. No. 2016-41]
[1973 Code § 110-49; Ord. No. 3-28-79]
It shall constitute a common nuisance to knowingly maintain
any building, conveyance or premises whatever which is resorted to
by persons for the manufacture, distribution, dispensing, administration
or use of any type of syringe, needle, eye dropper, spoon, pipe, testing
kit, rolling paper, or other paraphernalia or appliances designed
for or ordinarily used in smoking, testing, weighting, measuring,
injecting, cooking or sniffing marijuana, cocaine, opium, hashish,
or other controlled dangerous substances as defined by N.J.S.A. 24:21-1
et seq.
[1973 Code § 110-50; Ord. No. 3-28-79; New]
[1973 Code § 105-1; Ord. No. 10-12-77]
As used in this section:
Shall mean that the matter or performance may be purchased
or attended on a subscription basis, on a membership fee arrangement
or for a separate fee for each item or performance.
Shall mean to transfer possession of, with or without consideration.
Shall mean being aware of the character and the content of
the material.
Shall mean any book, magazine, newspaper or printed or written
material; any picture, drawing, photograph, motion picture or other
pictorial representation; any statue or other figure; any recording,
transcription or mechanical, chemical or electrical reproduction;
or any other articles, equipment or machines.
Shall mean the showing of the human male or female genitals
or pubic area with less than a fully opaque covering, or the depiction
of covered male genitals in a discernibly turgid state.
Shall mean that to the average person applying temporary
community standards:
The predominant appeal of the matter, taken as a whole, is to
prurient interest, i.e., a shameful or morbid interest in sexual conduct,
nudity or excretion.
The matter depicts or describes in a patently offensive manner
sexual conduct regulated by N.J.S.A. 2A:115-1 through 2A:115-5.
The work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
Shall mean any preview, play, show, skit, film, dance or
other exhibition performed before an audience.
Shall mean any individual, partnership, firm, association,
corporation or other legal entity.
Shall mean to cause, permit, procure, counsel or assist.
Shall mean the provision of services to paying guests in
establishments providing food and beverages, including but not limited
to hostessing, hat checking, cooking, bartending, serving, table setting
and clearing, waitering and waitressing, and entertaining.
[1973 Code § 105-2; Ord. No. 10-12-77]
It shall be unlawful for any person to:
a.
Knowingly disseminate, distribute or make available to the public
any obscene material.
b.
Knowingly engage or participate in any obscene performance made available
to the public.
c.
Knowingly engage in commerce for commercial gain with materials depicting
and describing explicit sexual conduct, nudity or excretion utilizing
displays, circulars, advertisements and other public sales efforts
that promote such commerce primarily on the basis of their prurient
appeal.
d.
Knowingly promote the commission of any of the above-listed unlawful
acts.
[1973 Code § 105-3; Ord. No. 10-12-77]
a.
Actual notice of the obscene nature of such material, performance
or activity may be given to a person involved in or responsible for
such from the Town Attorney on the basis of information lawfully gathered
and supplied to him by the Chief of Police.
b.
Such notice shall be in writing and delivered by mail or in person
to the alleged offender.
[1973 Code § 105-4; Ord. No. 10-12-77]
a.
In Rem Proceedings.
1.
The Chief of Police may apply to the Town Attorney to institute appropriate
civil proceedings against any material which is alleged to be obscene
in a sworn affidavit.
2.
Upon the filing of an application for seizure authorized in paragraph
1 above, the Chief of Police shall immediately cause notice thereof
to be served, either personally or by mail, upon any person residing
or doing business in the Town who is known or believed by the Chief
of Police to have any of the following interests in material named
in the complaint:
b.
Declaratory Judgment.
1.
Any person receiving notice in writing from the Town Attorney under subsection 4-10.3 that a specified activity is obscene may bring an action against the Town for a declaratory judgment to determine whether such activity is obscene.
2.
If it is adjudged and declared by the court that such activity is
obscene, then the Town Attorney may cause the publication of such
judgment in a newspaper of general circulation in the Town, and upon
such publication all persons residing or doing business in the Town
will be presumed to have actual notice of the nature of the activity.
c.
d.
Proceedings authorized by this subsection shall be in addition to
any others provided by law.
[1973 Code § 105-5; Ord. No. 10-12-77]
[Ord. No. 1997-0-3]
a.
It shall be a petty disorderly persons offense for a retailer to
display or permit to be displayed at his business premises any obscene
material as defined in N.J.S.A. 2C:34-3, at a height of less than
five feet or without a blinder or other covering placed or printed
on the front of the material displayed. The public display of obscene
material shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
b.
"Retailer," as used in this section shall mean any person, firm,
association or corporation, who operates a store, newsstand, booth,
concession or similar business with unimpeded access for persons under
18 years old, who is in the business of making sales of periodicals
or other publications at retail containing pictures, drawings or photographs.
[1973 Code § 110-10; Ord. No. 1996-0-24 § 1]
a.
It shall be unlawful for any person to make, continue, suffer, permit,
allow or cause to be made or continued upon any residence, premises
or in any vehicle, owned, occupied or controlled by him or upon any
public street, thoroughfare or parking lot, or in any public park,
playground, gathering place or means of public transportation, any
excessive, unnecessary or unusually loud noise which either annoys,
injures, disturbs or endangers the comfort, health, repose, peace
or safety of others within the Town of Kearny; or which are so harsh,
prolonged or unusual in their use, time and place as to annoy, disturb,
or endanger the comfort, health, repose, peace or safety of others
of the Town of Kearny.
b.
Loud, disturbing, injurious, unnecessary and unlawful noises in violation
of this section include but are not limited to the following acts:
1.
The playing or permitting the playing of any radio, tape, tape recorder,
phonograph, compact disc player, television set, amplified or unamplified
musical instrument or other electronic sound producing device in such
a manner or with such volume as to unreasonably annoy or disturb the
quiet, comfort or peace of the public.
2.
The audible alarm system or signal utilized for the detection, prevention,
and deterrence of unlawful entry, theft and/or damage of any motor
vehicle as defined under Title 39:1-1 of the Motor Vehicle and Traffic
Laws of the State of New Jersey, when such vehicle is parked on any
public street, thoroughfare or parking lot within the Town of Kearny
and when the alarm system becomes activated to the extent that would
make or cause excessive, unnecessary or unusually loud noise, which
either annoys, injures, disturbs, or endangers the comfort, health,
repose, peace, or safety of members of the public within the Town
of Kearny or which are so harsh, prolonged, or unusual in their use,
time and place as to annoy, disturb, or endanger the comfort, health,
repose, peace or safety of others within the Town.
[Ord. No. 1996-0-24 § 2]
[Ord. No. 1996-0-24 § 3]
Any unoccupied motor vehicle found to be in violation of this
section shall be deemed a nuisance and any Kearny Police Officer may
provide for the removal of such motor vehicle. Before regaining possession
of the motor vehicle, the owner shall pay the reasonable costs of
the removal and storage of the vehicle, as such may result from the
removal by the Police Officer.
[Ord. No. 2009-38 § 4-12A.1]
This section is adopted pursuant to the provisions of N.J.S.A.
13:1G-21 and supplements the provisions of N.J.A.C. 7-29 and the Ordinances
of the Hudson Regional Health Commission which are also applicable
to the Town of Kearny.
[Ord. No. 2009-38 § 4-12A.2]
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 subsection shall have the same
meaning as those defined in N.J.A.C. 7:29:
Shall mean the measured sound level expressed in db when
using the "A" weighted network of a sound level meter; the abbreviation
designating the unit of sound level as measured by sound level meter
using the A-scale.
Shall mean the practical unit of measurement for sound pressure
level; the number of decibels of a measured sound is equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of a standard sound (20 micropascals),
abbreviated db.
Shall mean a radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker, or sound amplifier which is operated in such a manner that it violates the provisions of subsection 4-12A.5.
Shall mean employees of the Town designated by the Town Administrator
who are certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities.
Those employees are hereby authorized to issue a summons for violation
of any provision of this section and are authorized to enlist the
assistance of the Police Department to abate the noise, if necessary.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
[Ord. No. 2009-38 § 4-12A.3]
a.
This section applies to sound from parks, public places and any sites
of celebrations or events approved by the Mayor and Council all of
which events shall require the issuance of a permit by the Department
of Recreation.
b.
For all events, all amplification devices and speakers shall be placed,
located or installed as specified in the permit.
[Ord. No. 2009-38 § 4-12A.4]
a.
The provisions of this section shall be enforced by noise control
officers to be designated by the Town Administrator. 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 location
specified by the Department of Environmental Protection in N.J.A.C.
7:29-2.11, a noise certification and 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.
c.
Noise control officers shall:
1.
Enforce the noise control provisions of this section.
2.
Investigate and pursue possible violations of this section for sound
levels which equal or exceed the sound levels set forth herein and
shall make sure the amplification devices and speakers have been placed
or installed in conformity with the permit.
3.
Cooperate with noise control officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
[Ord. No. 2009-38 § 4-12A.5; Ord. No. 2009-45]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in subsection 4-12A.3 in excess of 50 dBa between the hours of 10:00 p.m. and 11:00 a.m. or in excess of 65 dBa at all other hours when measured from the residential lot line of a complaining resident.
b.
No amplification device shall be used after 9:00 p.m. on Sunday.
c.
The use of an amplification devise shall not be permitted for longer
than six hours in any one day at any one event.
[Ord. No. 2009-38 § 4-12A.6]
Notwithstanding the exceptions listed at N.J.A.C. 7:29-1.4,
the provisions of this ordinance shall apply to parks, public places
and any celebrations or events approved by the Mayor and Council.
[Ord. No. 2009-38 § 4-12A.7]
a.
Any person violating any of the provisions of the section, upon conviction thereof in Kearny Municipal Court, shall be liable to the penalty stated in Section 1-5 of the Code as amended. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
b.
No provision of this section shall be construed to impair any common
law or statutory cause of action, right of private enforcement, or
legal remedy therefrom, of any person for injury or damage arising
from any violation of this section or from other law.
[1973 Code § 83-20; Ord. No. 9-14-88; Ord. No. 2006-(O)-12 § 1; Ord. No. 2014-40 § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean "garbage," "refuse," and "rubbish" as defined
herein and all other waste material which, if thrown or dispersed
as herein prohibited, tends to create a danger to public health, safety
and welfare or render the streets, unoccupied private property or
public places unsightly.
Shall mean a container suitable for the depositing of litter.
Shall mean any and all streets, sidewalks, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings and includes the areas around privately owned commercial
premises, shopping malls which are generally accessible and open to
the public and/or to which the public is generally invited for the
purpose of conducting business.
Shall mean organic matter having the tendency to decompose
with the formation of malodorous by-products.
Shall mean putrescible and nonputrescible solid wastes (except
body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
wastes.
Shall mean putrescible and nonputrescible solid wastes (except
body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
wastes.
Shall mean any unoccupied structure or lot that is not owned
by any Federal, State or Local government or agency.
[1973 Code § 83-20; Ord. No. 9-14-88; Ord. No. 2006-(O)-12 § 1; Ord. No. 2014-40, § 2]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or unoccupied private property
other than in a litter receptacle, or having done so, to allow such
litter to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[1973 Code § 83-21; Ord. No. 9-14-88]
The use of litter receptacles shall be required at the following
public places, which exist in the municipality. The proprietor of
these places or sponsors of these events shall be responsible for
providing and servicing the receptacles such that adequate containerization
is available.
a.
Buildings held out for use by the public, including schools, government
buildings and railroad and bus stations;
b.
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;
c.
All parks and recreation areas;
d.
All drive-in restaurants;
e.
All street vendor locations;
f.
All self-service refreshment areas;
g.
All construction sites;
h.
All shopping centers;
i.
All gasoline service station islands;
j.
All marinas, boat moorages and fueling stations, all boat launching
stations and all public and private piers operated for public use;
k.
All special events to which the public is invited, including sporting
events, parades, carnivals, circuses, barbecues, and festivals.
[1973 Code § 83-22; Ord. No. 9-14-88]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture or private property, except by written
consent of the owner of the property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
[1973 Code § 83-27; Ord. No. 9-14-88]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, sifting, leaking or otherwise
escaping therefrom. Any person operating a vehicle from which any
glass or objects have fallen or otherwise endanger travelers or public
property, shall immediately cause the public property to be cleaned
of all glass or objects and shall pay the costs therefor.
[Ord. No. 2014-40 § 5]
a.
No person shall sweep into or deposit in any gutter, street or other
public place within the Town an accumulation of litter.
b.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
c.
Nothing contained in this section shall be construed to prohibit residents for whom municipal trash services are provided from delivering to the curb the trash which is collected by the Town on a weekly basis except that the placement shall be consistent with subsection 20-1.4 of the Town Code - Receptacle Requirements; Time for Placement.
[Ord. No. 2014-40 § 5]
No person shall throw, place or deposit any litter, or cause,
suffer or permit any litter to be thrown, placed or deposited, upon
any unoccupied private property or upon any vacant lot within the
Town, whether owned by such person or not, except that the owner or
person in control of such property or lot may maintain authorized
private receptacles for private collection, and then only if the placement
or deposit is in such manner as to prevent the litter from being dispersed
by the elements upon any street, sidewalk or other public place or
upon other private property.
[Ord. No. 2006-(O)-12 § 1; Ord. No. 2014-40 § 3]
This section shall be enforced by the Police Department of the
Town of Kearny and any other department hereinafter designated by
the Town Administrator.
[Ord. No. 2006-(O)-12 § 1; Ord. No. 2014-40 § 6]
a.
Any person who violates any provision of this section shall, upon
conviction thereof, be punished by a fine of not less than $100 nor
more than $2,000, or a period of community service not exceeding 90
days, or any combination thereof as determined by the Municipal Court
Judge. Each day on which a violation of an ordinance exists shall
be considered a separate and distinct violation and shall be subject
to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
b.
Where a person has been convicted of a violation of this subsection
and within 12 months thereafter is found guilty of a repeat violation
of this subsection, the Judge of the Municipal Court, if the Judge
finds the repeat violation was willful, may sentence the offender
to imprisonment in the County jail for a period not to exceed 90 days
in addition to or in lieu of the penalties set forth in paragraph
a.
[1973 Code § 110-42]
No person shall swim or bathe in the waters in, of or bounding
the Town of Kearny.
[1973 Code § 110-43; New]
[Ord. No. 2010-41]
a.
Except as otherwise authorized in Chapter 38 or elsewhere in the Town Code, no person or other entity may paint, mark, write on, post or otherwise affix any handbill or sign to or upon any public property or structure or within the public rights-of-way in the Town.
b.
The term "sign" includes, but not by way of limitation, any card,
poster, notice, yard sale sign, pennant or banner, balloon or other
advertising device.
c.
The forgoing provisions shall not apply to the Town of Kearny or
to any municipal or governmental official acting in the exercise of
his or her governmental duties.
d.
Any person or other entity in violation of the provisions of this
section shall upon conviction in the Municipal Court be subject to
a fine of not less than $100 nor more than $1,000 for each offense.
[1973 Code § 110-51; Ord. No. 4-13-93]
As used in this section:
Shall mean any site preparation, assembly, erection, substantial
repairs and alterations, or similar action.
Shall mean any dismantling, intentional destruction or removal
of structure, utilities, public or private right-of-way, or similar
property.
Shall mean any sound which tends to annoy, disturb, injure
or endanger or tends to cause an adverse effect on humans.
Shall mean any individual, association, partnership, or corporation
and includes any officer, employee, department or agency, or a State
or any political subdivision of a State or Federal agency not associated
with national defense.
Shall mean any street, avenue, boulevard, sidewalk, alley
or similar place.
[1973 Code § 110-52; Ord. No. 4-13-93]
a.
Construction. It shall be unlawful for any person to operate or permit
the operation of any tools, or heavy equipment used in construction,
drilling or demolition work between the hours of 8:00 p.m. and 7:00
a.m. the following day, Monday through Saturday, or at any time on
Sundays or holidays. The prohibitions of this subsection shall not
apply to cases of emergency in the interest of public health and safety.
This paragraph shall not apply to the use of domestic power tools.
b.
Domestic Power Tools. It shall be unlawful for any person or persons
to use or operate or permit the use or operation of any mechanically
powered saws, drills, sanders, grinders and tools, including similar
devices outdoors in residential areas between the hours of 10:00 p.m.
and 7:00 a.m., the following day. This paragraph shall not apply to
the use of domestic power tools in cases of emergency in the interest
of public health.
[1973 Code § 110-53; Ord. No. 4-13-93]
Any person violating the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
a.
Except as otherwise provided, each and every day in which a violation
of any provision of this section or any other ordinance of the Town
exists shall constitute a separate violation.
b.
The maximum penalty stated above is not intended to state an appropriate
penalty for each and every violation. Any lesser penalty, including
a nominal penalty or no penalty at all, may be appropriate for a particular
case or a particular violation.
[1973 Code § 133-1]
No person who is the owner of or is operating or is in charge
of a motor vehicle shall permit it to stand unattended on the streets
of the Town without first stopping the engine, locking the ignition
and removing the key.
[1973 Code § 133-3]
Whenever a Police Officer shall find a motor vehicle standing
in violation of the provisions of this section, he may remove the
ignition key therefrom and, in the event that the person who is the
owner or is operating or is in charge thereof is not present, shall
deliver it to the Police Station within one hour after removing same,
to be held for and returned to such person. In the event that the
key is so removed and delivered to the Police Station, the officer
shall attach to the motor vehicle a tag stating where the key may
be reclaimed.
[1973 Code § 133-2; New]
[1973 Code § 82-1]
The conduct of certain games of chance provided for in the "Bingo
Licensing Law" and "Raffles Licensing Law," on the first day of the
week, commonly known and designated as Sunday, is hereby authorized
in the Town of Kearny, pursuant to the provisions of N.J.S.A. 5:8-24
et seq. and N.J.S.A. 5:8-50 et seq., and licenses issued in connection
therewith may so provide.
[1973 Code § 110-54; Ord. No. 4-13-93]
Smoking defined as the burning of a lighted cigar, cigarette,
pipe or any other matter or substance which contains tobacco, is prohibited
in all municipal buildings, offices and common areas, or other government
buildings as defined in N.J.S.A. 26:3D-46 et seq.
[1973 Code § 110-55; New]
[1973 Code § 110-1]
No person shall keep or maintain what is commonly known as a
disorderly house, or allow or permit any house, shop, store or other
building owned or occupied by him or her to be used as a disorderly
house or to be frequented or resorted to by riotous persons, gamblers,
vagrants, criminals or persons of ill repute or for any unlawful purpose
whatsoever.
[1973 Code § 110-2]
No person shall set up, keep or maintain, or permit to be set
up, kept or maintained, any premises used for gaming purposes, and
no person shall indulge in any form of gaming or gambling or lend
encouragement to the same by his presence or attendance, or aid or
abet any form of gaming or gambling in any way, or be in possession
of any gaming devices, numbers slips for lotteries or other gambling
paraphernalia.
[1973 Code § 110-3]
No person shall participate in any riot, disturbance or disorderly
assemblage tending to break the peace or annoy other persons.
[1973 Code § 110-4]
No person shall create a disturbance in public, quasi-public
or private places not his own, having a tendency to annoy other persons;
and no person shall create a disturbance or use loud, profane and
indecent language on his own property which shall tend to annoy other
persons.
[1973 Code § 110-5]
No person shall obstruct in any way or interfere with any police
officer or other law-enforcement officer in the performance of his
duties.
[1973 Code § 110-6]
No person shall, in public or in private, engage in any lewd,
indecent, immoral or lascivious conduct or acts.
[1]
Editor's Note: Former subsection 4-20.7, Indecent Language;
Enticing Females into Vehicles, previously codified herein and containing
portions of 1973 Code § 110-7, was repealed in its entirety
by Ordinance No. 2006-(O)-60.
[1973 Code § 110-9]
No person shall engage in any practice, sport or exercise having
a tendency to obstruct the public highways or to interfere with the
traffic thereon or to annoy persons passing in the streets or on the
sidewalks either in vehicles or on foot.
[1974 Code § 110-11]
No person shall engage in any affrays or assaults commonly known
as fights in the Town.
[1973 Code § 110-12]
No person shall threaten or cause damage or injury to the person,
property or members of the family of another, for any cause or upon
any pretext whatsoever.
[1972 Code § 110-13]
No person shall commit or engage in any acts or course of conduct
which may tend to be noxious or deleterious to the health, safety,
welfare or well-being of another.
[1972 Code § 110-14]
No person under the influence of intoxicating liquor shall loiter
in any public or quasi-public place or in or upon any property not
his own.
[1973 Code § 110-15]
No person shall cause injury or damage to any public, quasi-public
or private property not his own.
[1973 Code § 110-16]
No person shall trespass on any land or property not his own.
[1973 Code § 110-18]
No person shall make or carry any lighted pipe, cigar or cigarette
in any public or quasi-public building, conveyance, theater, auditorium,
shop or factory or in any retail store wherein "No Smoking" signs
are displayed or posted.
[1973 Code § 110-19]
No person shall spit or expectorate in any public or quasi-public
place, street, sidewalk or thoroughfare or upon any private property
not his own.
[1973 Code § 110-20]
No person shall go about from door to door or place himself
or herself in the streets to beg or gather alms.
[1973 Code § 110-21]
No person shall use or pretend to use or have any skill in physiognomy,
palmistry or like crafty science, or pretend to tell destinies or
fortunes.
[1973 Code § 110-22]
No person shall engage in any conduct or course of action with
intent to defraud or cheat another.
[1973 Code § 110-23]
No unauthorized person or persons shall carry or discharge firearms
within the limits of the Town of Kearny, other than members of the
law-enforcement agencies and members of recognized rifle and pistol
clubs at regularly established ranges or going to and from regularly
established ranges.
[1973 Code § 110-24]
No person shall commit any act of abuse or cruelty to any animal.
[1]
Editor's Note: Former subsection 4-20.22, Engaging in
Business, Trade or Occupation on Sunday, previously codified herein
and containing portions of 1973 Code § 110-26, was repealed
in its entirety by Ordinance No. 2006-(O)-60.
[1973 Code § 110-27]
No parent, guardian or custodian of any minor child or children
shall:
a.
Abandon or desert such minor child or children.
b.
Willfully fail to provide proper and sufficient food, clothing, maintenance,
regular school education as required by law, medical attendance or
surgical treatment and a clean and proper home.
c.
Fail to do or permit to be done any act necessary for the child's
physical or moral well-being.
d.
Habitually use, in the presence or hearing of such child, profane,
indecent or abusive language.
e.
Perform any indecent, immoral or unlawful act or deed in the presence
of such child or children that may tend to debauch or endanger or
degrade the morals of the child, or permit anyone else to do so.
f.
Inflict or permit anyone else to inflict unnecessary mental or physical
pain or suffering, or permit any such child to suffer unnecessarily
by any willful act of omission or commission.
g.
Expose any such child to unnecessary hardship, fatigue or mental
or physical strains that may tend to injure the health or moral well-being
of such child.
[1973 Code § 110-28]
No person, pilot or passenger, while operating or riding in
an aircraft in flight over the Town of Kearny, shall engage in trick
or acrobatic flying or in any acrobatic feat, or, except while landing
or taking off, shall fly at such a low level as to endanger the persons
on the surface beneath, or drop any object except loose sand or water
ballast.
[1973 Code § 110-29]
No person shall sell, exchange or use a peashooter, slingshot
or other similar implement for the discharge of any missile whatsoever
in the Town of Kearny.
[1973 Code § 110-30]
No person shall sell, give, loan, furnish, deliver, purchase,
have or possess any knife having a blade which opens automatically
by hand pressure applied to a button, spring or other device in the
handle of the knife, the blade of which, when open, projects from
the handle.
[1973 Code § 110-31]
No person shall abandon, discard or otherwise dispose of an
icebox, refrigerator or other object with a door or lid and a lock
or catch and with an interior space large enough to permit a person
to be locked or entrapped therein, unless all doors, locks, catches
and lids are removed from the icebox, refrigerator or other object
in such a manner as to prevent a person from being locked or entrapped
therein.
[1973 Code § 110-31.4]
No person above the age of 21 years shall sell, transfer, give
or deliver any alcoholic beverage to any person under the age of 21
years.
[1973 Code § 110-32; New]
[1]
Editor's Note: Former Section 4-21, Circuses; Exhibitions;
Marathons, previously codified herein and containing portions of 1973
Code §§ 120-1 — 120-4, was repealed in its entirety
by Ordinance No. 2007-(O)-35.
[Ord. No. 2007-(O)-35 § 1; Ord. No. 2009-5 § 1; Ord. No. 2015-28]
No person, firm or corporation may hold, conduct or participate
in any circus, bazaar or carnival, other than a bona fide charitable,
eleemosynary, educational or cultural organization organized not for
profit and being able to establish that it is such type of nonprofit
organization, subject, however, to the following requirements:
a.
Each organization authorized to hold, conduct or participate in any
such event in accordance with this section shall file an application
with the Town Clerk at least 60 days prior to the date of the commencement
of such event.
b.
Such application shall set forth the following:
1.
Name of organization conducting the circus, bazaar or carnival.
2.
Name and address of owner of the property upon which said event is
to be conducted.
3.
Written consent of owner if applicant is other than owner.
4.
Name and contact number of a representative of the organization who
will be on the premises while the event is being conducted.
5.
Street address or Tax Map reference of location at which said event
is to be conducted.
6.
Number of vendors, number of tents and/or tables, a description and
number of rides to be utilized during the circus, bazaar or carnival.
7.
Number of days requested.
8.
Date, if any, of prior circus, bazaar or carnival within three years
prior to date of application.
9.
Whether or not applicant has been issued any other license to operate
by any local, State or Federal agency.
10.
Whether or not the event will be held indoors or outdoors.
11.
Date or dates of sale.
12.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
c.
No more than two permits to any one such organization shall be authorized
in any one calendar year.
d.
Such events shall be limited to four consecutive calendar days and
shall be conducted only between the hours of 11:00 a.m. and 10:00
p.m.
Permittees shall be allowed a maximum of two rain days.
e.
A representative of the organization conducting the event must be
on the premises throughout the entire period of the event.
f.
Notice, in the form of a sign no smaller than four feet by four feet
naming the sponsoring organization, as well as the permit for conducting
the sale, must be prominently displayed upon the premises upon which
the event is conducted throughout the entire period of the event.
g.
No permit shall be issued or continued in operation unless the applicant
does represent, stipulate, contract and agree that they will jointly
and severally defend, indemnify and hold the Town of Kearny harmless
against liability for any and all claims for damage to property or
injury to or death of persons arising out of or resulting from the
issuance of the permit or the conducting of the event.
h.
No permit shall be issued or continued in operation unless the applicant
shall file with the Town Clerk a certificate of insurance with a company(ies)
duly licensed to transact business under the insurance laws of this
State, with coverage limits of at least $1,000,000 per occurrence
and $2,000,000 aggregate, insuring against loss from liability imposed
by law upon the applicant for damages on account of bodily injury
or death or on account of property damage suffered by any person or
persons as a result of an accident occurring by reason of the set-up,
operation or cleanup of the event, and no permit shall continue effective
unless such insurance shall remain in full force and effect, during
the entire term of the permit. Such certificate of insurance shall
provide for the payment of any final judgment recovered by any person
on account of the set-up, operation or cleanup of the event and shall
be for the benefit of any person suffering loss, damage or injury
as aforesaid.
Each certificate of insurance shall provide that neither the
applicant, nor its insurer, shall have any right to subrogation against
the Town of Kearny.
Each certificate of insurance shall provide primary coverage
for any and all losses and shall be drafted so as to protect all parties.
The applicant shall have the Town of Kearny, its agents and
employees added as an additional insured on the certificate of insurance
required by this section.
i.
The permit issued pursuant to this section shall not be assigned
or transferred.
j.
If the event is proposed to take place on a Friday, Saturday or Sunday,
the applicant shall provide a police presence at the site from 6:00
p.m. to one hour after closing at a number required by the Chief of
Police, but in no event less than two, one to be on premises and one
for traffic duty.
If the event is proposed to take place on a holiday, the applicant
shall provide a police presence at a number required by the Chief
of Police from the time the site is opened to the public until one
hour after closing, but in no event less than two, one to be on premises
and one for traffic duty.
Holidays include the following:
|
New Year's Day
|
July 4th (Independence Day)
|
|
Martin Luther King's Day
|
Labor Day
|
|
Lincoln's Birthday
|
Election Day (General)
|
|
Washington's Birthday
|
Veteran's Day
|
|
President's Day
|
Thanksgiving Day
|
|
Good Friday
|
Day after Thanksgiving Day
|
|
Easter Sunday
|
Christmas Day
|
|
Memorial Day
|
|
Application for police services shall be made to the Chief of Police pursuant to Section 3-6 of the Town Code, as amended, which regulates the private employment of Kearny police officers within the Town when they are off duty. The applicant shall be responsible for the cost of the police presence as provided for by subsection 3-6.5a of the Code, as amended.
|
|
If the Chief of Police is unable to provide a police presence,
the applicant shall provide a licensed private security presence by
an entity approved by the Chief of Police and at a number required
by him, but in no event less than two, one to be on premises and one
to assist in directing traffic. The applicant shall be responsible
for compensating the entity retained.
|
[Ord. No. 2007-(O)-35 § 1; Ord. No. 2009-5 § 2]
a.
Applicants may bring materials on site no earlier than 48 hours prior
to the start of any event authorized by this chapter. The event area
shall be maintained in a safe, neat and clean condition at all times.
b.
Immediately upon the conclusion of any event authorized by this chapter,
the permittee shall be obliged within 24 hours after the conclusion
of said event to clean said premises and remove all merchandise and
equipment therefrom and restore same to the condition in which it
existed prior to said permitted event. However, if the applicant applies
for and is granted permits for two four-day periods which are not
continuous, but are in successive weeks, the permittee shall not be
obliged to remove all merchandise and equipment therefrom and restore
the same to the condition in which it existed prior to said event
in and during those days intervening between the two permits, but
only at the conclusion of the second permit period.
[Ord. No. 2007-(O)-35 § 1]
Any person, association or corporation conducting any such event
without obtaining a permit or who shall violate any of the other terms
and regulations of this section may have their permit revoked. Such
persons shall also, upon conviction of any violation hereof, be fined
not less than $25 nor more than $200 for each day of each violation.
Each day that such sale or violation shall continue without being
duly licensed shall be considered a separate violation.
[Ord. No. 2007-(O)-35 § 1]
This section shall be enforced by the Kearny Police Department,
the Department of Public Works and any other department hereinafter
designated by the Town Administrator.
[Ord. No. 1997-(O)-42 § II]
Shall mean and include all vehicles propelled otherwise than
by muscular power, excepting such vehicles as run only upon rails
or tracks and motorized bicycles.
Shall mean work performed or to be performed upon any motor
vehicle, including but not limited to motors, ignition systems, transmissions,
driver electrical systems, or body or fender work.
[Ord. No. 1997-(O)-42 § III]
No motor vehicle shall be repaired on any public highway located
within the Town of Kearny, except for emergency repairs, which emergency
repair work shall be limited solely to that required in order to remove
the motor vehicle from the public highway.
[Ord. No. 1997-(O)-42 § IV]
a.
The prohibition of the repair of motor vehicles on the public highways
shall apply with full force and effect as to any person permitting
or performing repairs, whether they are the owner of the vehicle,
or a person or persons having custody of said vehicle, or any person
or persons performing the repairs.
b.
Any person who violates any provision of this section shall, upon
conviction thereof be subject to a fine not exceeding $1,000 or imprisonment
for a period of time not exceeding 90 days; or a period of community
service for a period not exceeding 90 days.
[Ord. No. 1998-(O)-7 § II]
a.
No person shall cause, suffer, allow, or permit the engine of a diesel-powered
motor vehicle to idle for more than three consecutive minutes if the
vehicle is not in motion, except:
b.
The provisions of paragraph a above shall not apply to:
1.
Autobuses while discharging or picking up passengers;
2.
Motor vehicles stopped in a line of traffic;
3.
Motor vehicles whose primary and/or secondary power source is utilized
in whole or in part for necessary and definitively prescribed mechanical
operation other than propulsion, passenger compartment heating or
air conditioning;
4.
Motor vehicles being or waiting to be examined by State or Federal
motor vehicle inspectors;
5.
Emergency motor vehicles in an emergency situation;
6.
Motor vehicles while being repaired;
7.
Motor vehicles while engaged in the process of connection, detachment
or exchange of trailers; or
8.
Motor vehicles manufactured with a sleeper berth while being used,
in a nonresidentially zoned area, by the vehicle's operator for
sleeping or resting.
[Ord. No. 2001-0-04]
N.J.S.A. 2C:11-5b(3) which deals with vehicular homicide and
N.J.S.A. 2C:12-1c(3) which deals with the crime of assault both have
a section (b) which provides: (b) driving through a school crossing
as defined in N.J.S.A. 39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such.
[Ord. No. 2001-0-04]
The crossings set forth in Schedule A, attached hereto are designated
as school crossings for purposes of N.J.S.A. 2C:11-5b(3) and N.J.S.A.
2C:12-1c(3).
|
SCHEDULE “A”
|
|---|
|
SCHOOL CROSSINGS
|
|
Kearny Avenue and Laurel Avenue
|
|
Kearny Avenue and Stewart Avenue
|
|
Kearny Avenue and Midland Avenue
|
|
Midland Avenue and Beech Street
|
|
Midland Avenue and Chestnut Street
|
|
Midland Avenue and Forest Street
|
|
Midland Avenue and Davis Avenue
|
|
Midland Avenue and Schuyler Avenue
|
|
Midland Avenue and Belgrove Drive
|
|
Pleasant Place and West Bennett Avenue
|
|
Kearny Avenue and the Belleville Turnpike
|
|
Laurel Avenue and Forest Street
|
|
Columbia Avenue and Chestnut Street
|
|
Stuyvesant Avenue and Forest Street
|
|
Stewart Avenue and Forest Street
|
|
Stewart Avenue and Elm Street
|
|
Stuyvesant Avenue and Elm Street
|
|
Kearny Avenue and Oakwood Avenue
|
|
Kearny Avenue and Halstead Street
|
|
Belgrove Drive and Halstead Street
|
|
Kearny Avenue and Bergen Avenue
|
|
Bergen Avenue and Davis Avenue
|
|
Bergen Avenue and Ivy Street
|
|
Belgrove Drive and Quincy Avenue
|
|
Davis Avenue and Oakwood Avenue
|
|
Kearny Avenue and Woodland Avenue
|
|
Wilson Avenue and Highland Avenue
|
|
Schuyler Avenue and Dukes Street
|
|
Belgrove Drive and Woodland Avenue
|
|
Schuyler Avenue and Bergen Avenue
|
|
Wilson Avenue and Davis Avenue
|
|
Wilson Avenue between Davis Avenue and Schuyler Avenue
|
|
Schuyler Avenue and Harrison Avenue
|
|
Hoyt Street and Davis Avenue
|
|
Hoyt Street and Schuyler Avenue
|
|
Hoyt Street and Devon Street
|
|
Kearny Avenue and Hoyt Street
|
|
Kearny Avenue and Patterson Street
|
|
Schuyler Avenue and King Street
|
|
Forest Street and Prospect Place
|
|
Forest Street and Shepherd Place
|
|
Grand Place and Stewart Avenue
|
|
Wilkinson Terrace and Belgrove Drive
|
|
Belgrove Drive and Peden Terrace
|
|
Brighton Avenue and Halstead Street
|
|
Brighton Avenue and Liberty Street
|
|
Belgrove Drive and Rose Street
|
|
Rose Street and Alexander Avenue
|
|
Rose Street and Highland Avenue
|
|
Woodland Avenue and John Street
|
|
Woodland Avenue and Highland Avenue
|
|
Highland Avenue and Patterson Street
|
|
Highland Avenue 213 feet south of Wilson Avenue
|
|
Highland Avenue and Wilson Avenue
|
|
Chestnut Street and Hoyt Street
|
|
Wilson Avenue 546 1/2 feet east of Davis Avenue
|
|
Bergen Avenue and Kingsland Avenue
|
|
Devon Street and King Street
|
|
Devon Street 223 feet south of King Street
|
|
King Street and Elm Street
|
|
King Street and Forest Street
|
|
King Street and Davis Avenue
|
|
Oakwood Avenue and Chestnut Street
|
|
Oakwood Avenue and Beech Street
|
|
Kearny Avenue and New Lawn Avenue
|
[Ord. No. 2002-O-72 §§ 1
— 3]
a.
To avoid a safety hazard, any shopping cart abandoned on any street,
sidewalk or other public right-of-way within the town shall be seized,
collected and stored in an appropriate place by the Department of
Public Works.
b.
If a cart is not retrieved by its rightful owner within 24 hours
of its seizure, the owner of the shopping cart shall not recover the
cart without payment of a seizure and storage fee of $25 per shopping
cart.
c.
If a seized shopping cart is not reclaimed by its rightful owner
within six months of its seizure by the Town, the Town shall deem
the cart abandoned and may dispose of the cart or carts at auction
or in any other manner deemed appropriate in accordance with N.J.S.A.
40A:14-157 and the proceeds thereof shall be deposited in the general
funds.
[Ord. No. 2006-(O)-50]
For the purposes of this section, the following definitions
shall apply:
Shall mean a sale of items of tangible personal property
wherein on one location there are multiple vendors who have paid a
fee for the privilege of occupying the space allotted to each such
vendor for the purpose of displaying and selling items of tangible
personal property.
[Ord. No. 2006-(O)-50; Ord. No. 2018-48]
No person, firm or corporation may conduct or participate in
displaying or selling at a flea market, other than a bona fide charitable,
eleemosynary, educational or cultural organization organized not for
profit and being able to establish that it is such type of nonprofit
organization, subject, however, to the following requirements.
a.
Each organization authorized to conduct or participate in displaying
or selling at a flea market in accordance with this section shall
file an application with the Town Clerk at least 30 days prior to
the date of the commencement of such flea market sale.
b.
Such application shall set forth the following:
1.
Name of organization conducting sale.
2.
Name and address of owner of the property upon which said flea market
sale is to be conducted.
3.
Written consent of owner if applicant is other than owner.
4.
Name and contact number of a representative of the organization who
will be on the premises while the sale is being conducted.
5.
Street address or Tax Map reference of location at which said flea
market sale is to be conducted.
6.
Number of vendors and number of tents and/or tables to be utilized
during the sale.
7.
Number of days.
8.
Date, if any, of prior sales within three years prior to the date
of application.
9.
Whether or not applicant has been issued any other vendor's
license by any local, State or Federal agency.
10.
Whether or not sale will be held indoors or outdoors.
11.
Date or dates of sale.
12.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
13.
For each such sale conducted, there shall be a permit fee of $100,
minus the amount of any other fee that is paid to the Town for the
use of public property in those instances where the sale will be held
on public (rather than private) property. By way of example, if the
sale is held on private property, the fee is $100, but if the sale
will be held on public property (and the fee for the use of that public
property is $75), the permit fee for the sale shall be $25 ($100 minus
$75.).
c.
No more than two permits to any one such organization shall be authorized
in any one calendar year.
d.
Such flea market sales shall be limited to two consecutive calendar
days and shall be conducted only between the hours of 9:00 a.m. and
5:00 p.m. Permittees shall be allowed a maximum of two rain days.
e.
A representative of the organization conducting the sale must be
on the premises throughout the entire period of the sale.
f.
Notice, in the form of a sign no smaller than four feet by four feet
naming the sponsoring organization, as well as the permit for conducting
the sale, must be prominently displayed upon the premises upon which
the sale is conducted throughout the entire period of the sale.
g.
No permit shall be issued or continued in operation unless the applicant
does represent, stipulate, contract and agree that they will jointly
and severally defend, indemnify and hold the Town of Kearny harmless
against liability for any and all claims for damage to property or
injury to or death of persons arising out of or resulting from the
issuance of the permit or the conducting of the sale.
h.
No permit shall be issued or continued in operation unless the applicant
shall file with the Town Clerk an insurance policy or policies of
a company duly licensed to transact business under the insurance laws
of this State, with coverage limits of a least $100,000 per person
and $1,000,000 per accident, insuring against loss from liability
imposed by law upon the applicant for damages on account of bodily
injury or death suffered, and in the sum of $50,000 against loss on
account of property damage suffered by any person or persons as a
result of an accident occurring by reason of the set-up, operation
or cleanup of the flea market, and no permit shall continue effective
unless such insurance shall remain in full force and effect, during
the entire term of the permit. Such insurance policy shall provide
for the payment of any final judgment recovered by any person on account
of the set-up, operation or cleanup of the flea market and shall be
for the benefit of any person suffering loss, damage or injury as
aforesaid.
Each insurance policy shall provide that neither the applicant,
nor its insurer, shall have any right to subrogation against the Town
of Kearny.
Each insurance policy shall provide primary coverage for any
and all losses and shall be drafted so as to protect all parties.
The applicant shall have the Town of Kearny, its agents and
employees added as an additional insurance on the insurance policies
required by this section.
The permit issued pursuant to this section shall not be assigned
or transferred.
i.
No personal property offered for sale shall be displayed or otherwise
placed on any sidewalk, road, highway, street or public right of way.
The foregoing prohibition shall not apply to any Town sponsored street
fair.
[Ord. No. 2006-(O)-50]
a.
Applicants may bring materials on site no earlier than 25 hours prior
to the start of any sale authorized by this section. The sale area
shall be maintained in a safe, neat and clean condition at all times.
b.
Immediately upon the conclusion of any sale authorized by this section,
the permittee shall be obliged within 24 hours after the conclusion
of said sale to clean the outside of said premises and remove all
unsold merchandise therefrom and restore same to the condition in
which it existed prior to said sale.
[Ord. No. 2006-(O)-50]
The provisions of this section shall not apply to affect the
following:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
The selling or advertising for sale of an item or items of personal
property which are specifically described in the advertisement and
which separate items do not exceed five in number and which are not
displayed outside the promises.
[Ord. No. 2006-(O)-50; Ord. No. 2018-48]
Any person, association or corporation conducting any such sale
of similar activity without obtaining a permit or who shall violate
any of the other terms and regulations of this section may have their
permit revoked. Such persons shall also, upon conviction of any violation
hereof, be fined not less than $50 nor more than $500 or be imprisoned
for a period not to exceed 10 days for each violation. Each day on
which a violation of an ordinance exists shall be considered a separate
and distinct violation and shall be subject to imposition of a separate
penalty for each day of the violation.
[Ord. No. 2006-(O)-50]
This section shall be enforced by the Police Department of the
Town of Kearny and any other department hereinafter designated by
the Town Administrator.
[Ord. No. 2010-48]
As used in this section, the following terms have the meaning
indicated:
Shall mean an alcoholic beverage as defined in the New Jersey
Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq.
Shall mean the New Jersey Division of Motor Vehicles.
Shall mean a person who has qualified as a guardian of an
under aged person pursuant to testamentary or court appointment.
Shall mean a person under the age of 21 years and includes
the term under aged person.
Shall mean an adult who is related to a person under the
legal age by blood, marriage, or adoption.
[Ord. No. 2010-48]
It shall be unlawful for any person under the legal age who,
without legal authority to knowingly possess or knowingly consume
an alcoholic beverage on private premises, and it shall be unlawful
for any person to furnish, serve or allow the consumption of any alcoholic
beverage to or by a minor on any private premises.
[Ord. No. 2010-48]
a.
Nothing herein shall prohibit a person under the legal age from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony or rite or from consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian,
or relative who has attained the legal age to purchase and to consume
alcoholic beverages.
b.
Nothing herein shall prohibit the possession of alcoholic beverages
by any person under the legal age while such person is actually engaged
in the performance of employment by a person who is licensed under
N.J.S.A. 33:1 et seq. or while actively engaged in preparation of
food while enrolled in a culinary arts or hotel management program
at a duly chartered school, except that this section shall not be
construed to prelude the imposition of a penalty under this section
or pursuant to N.J.S.A. 33-1.81, or any other section of law, against
a person who is convicted to unlawful alcoholic beverages activity
on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 2010-48]
a.
Upon the conviction of any person under the legal age for a violation
of this section, the court shall impose a fine of $250 for the first
offense and $350 for any subsequent offense.
b.
In addition, the court may suspend or postpone for six months, the
driving privileges of the person under the legal age and the suspension
of postponement of such person's driver's license. The court
shall forward a report to the Division stating the first day and the
last day of a suspension or postponement period imposed by the court
pursuant to this section. If at the time of the imposition of a sentence,
such person is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operation
of a motorized bicycle, shall commence on the day the sentence is
imposed and shall run for a period of six months after the person
reaches the age of 17 years.
c.
If at the time of the imposition of a sentence the convicted person
has a valid driver's license issued by the State of New Jersey,
the court shall immediately collect the license and forward same to
the Division, along with the report required hereunder. If for any
reason the license cannot be collected, the court shall include in
the report the complete name, address, date of birth, eye color and
sex of the person, as well as the first and the last date of the license
suspension period imposed by the court.
d.
If a person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresident
driving privileges of the person and submit the required report to
the Division. The court shall not collect the license of a nonresident
convicted under this section. Upon receipt of a report from the court,
the Division shall give required notice to appropriate officials in
the licensing jurisdiction of the suspension or postponement.
[Ord. No. 2010-48]
The Police Department shall have jurisdiction to enforce the
provisions of this section.
[Ord. No. 2016-60]
Any person or entity which engages in the business of retail
sales and has retail sales space of 65,000 square feet or more and
which chooses to operate within the hours of 12:00 midnight and 6:00
a.m., shall, during that period, have a security force of at least
one uniformed man or woman per 30,000 square feet of retail space
who shall be visibly present on the indoor premises.
[Ord. No. 2016-60]
The entity may install technology for the detection of thefts
and other crimes on the premises, but may not substitute the installation
of technology for the requirements of Section of 4-28.1.
[Ord. No. 2016-60]
Any entity violating any provision of this ordinance shall,
upon conviction therefor, be subject to a daily fine of $1,000 for
each day the first violation occurs and continues and to a daily fine
of $2,000 for each day any subsequent violation occurs and continues.
[Ord. No. 2016-60]
This ordinance shall take effect 30 days after its enactment.
[Added 4-21-2020 by Ord.
No. 2020-16]
The growth and/or cultivation, extraction, manufacturing, warehousing
or distribution of marijuana is expressly prohibited in all areas
of the Town of Kearny. Nothing herein shall preclude operation of
a medical marijuana dispensary in the SKI-N Zone to the extent such
use is permitted in that zone.
Any such person or entity violating any provision of this section
shall be subject to a daily fine of $1,000 for each day the first
violation occurs and continues and to a daily fine of $2,000 for each
day any subsequent violation occurs and continues.
The Police Department and/or the Construction Official shall have jurisdiction to enforce the provisions of this section. In addition to imposing the fines set forth herein, the Town shall have the right to seek injunctive relief in the New Jersey Superior Court, Hudson County, to close any business violating Subsection 4-29.1.
