Editor's Note: See Noise Regulations, Chapter 8.
[1985 Code § 3-1.1; Ord. No. 08-12]
No person shall drink, imbibe or consume any alcoholic beverage
upon any portion of lawn or other public grounds within the Borough,
including but not limited to, public places, playgrounds and municipal
grounds surrounding municipal buildings, sidewalks and public streets
in the Borough.
a.
Any and all real property and improvements occupied by or operated
by the East Newark Fire Department is deemed to be a public or quasi-public
place in or upon which the storage, consumption, drinking, offering
to another for consumption or drinking any alcoholic beverage is prohibited.
b.
Prohibition, Exceptions.
1.
The East Newark Fire Department commencing October 1, 2012 shall
be permitted to serve and its members and guests shall be permitted
to consume alcoholic beverages in or upon the real property and improvements
occupied or operated by the East Newark Fire Department, but nevertheless
only upon the following conditions:
(a)
Such service or consumption of alcoholic beverages shall be
permitted only upon, during and in connection with the conduct of
any of up to 12 firematic events at each property occupied or operated
by the East Newark Fire Department in any calendar year, each of which
such event shall be approved as hereinafter provided and shall be
conducted under the control and supervision of the Chief of the Department
and in accordance with all of the conditions contained herein, all
of the conditions of any and all other applicable statutes, laws,
ordinances and regulations pertaining thereto.
(b)
No such event shall be proposed or conducted except between
7:00 p.m. and 12:00 midnight on a weekday or between 12:00 noon and
12:00 midnight on a Saturday, Sunday or legal or religious holiday,
but nevertheless for no longer than five hours.
(c)
At least 45 days prior to the conduct of any such function,
the Chief of the Fire Department shall present to the Captain of the
Company a proposal for the conduct of such function. In the event
that the function is for a repast after the funeral of an East Newark
firefighter or his immediate family, the forty-five day time period
shall be reduced to one day. Such proposal shall set forth in detail
at least the following:
(1)
The purpose of the function.
(2)
The date and hours of such proposed function.
(3)
A general description of those persons whose attendance at such
function is anticipated, the anticipated number thereof and the anticipated
number of those to whom the service of alcoholic beverages is prohibited
as a result of their age.
(4)
The types and quantities of alcoholic beverages to be provided
for such service and consumption.
(5)
The names and addresses of those persons in charge of the service
of alcoholic beverages and the manner in which such service is proposed.
(6)
The means to be employed and the training provided for those
serving alcohol for the exclusion of service from any person to whom
such service is prohibited by law as a result of age or excessive
consumption.
(7)
The means by which it is proposed to exclude persons whose presence
is not anticipated or invited as aforesaid.
(8)
Any further information which the Fire Chief of the Borough
shall require.
(d)
At least 30 days prior to the conduct of such function and after
the Fire Chief of the Borough has been provided to his or her satisfaction
with all of the information required as aforesaid and any further
information which he or she may require regarding such proposed function,
the Fire Chief of the Borough shall submit such proposal to the Mayor
and Council for their approval. No such function shall be concluded
until the Mayor and Council adopt a resolution approving said function.
(e)
At least 45 days prior to the conduct of such function, the
Chief of the Fire Department must also present the aforesaid proposal
to the Borough Clerk, Deputy Clerk or Administrative Assistant. The
Borough official shall submit the same to the Borough's liability
insurance carrier or its representative for a written determination
that such proposed function shall be covered by the current insurance
of the Borough without exception. In the event that such coverage
is indicated, the East Newark Fire Department shall thereupon provide
the Borough Clerk, Deputy Clerk or Administrative Assistant with proof
in such form that is satisfactory to the Borough's insurer that it
has obtained coverage for the proposed function equal to that otherwise
provided to the Borough for other municipal functions. In the event
that the Borough insurer has declined or made exception to insurance
coverage on the proposed event and the East Newark Fire Department
has failed to provide approved supplementary coverage as aforesaid
within 10 days of the date of the proposed function, such function
shall be cancelled, notwithstanding the prior grant of any other required
approvals.
(f)
In the event that the proposed function requires the issuance
of a license in accordance with the Alcoholic Beverage Law of the
State of New Jersey. (N.J.S.A. 33:1-1 et seq.) and the regulations
of the Division of Alcoholic Beverages Control promulgated thereunder
(N.J.A.C. 13:2 et seq.), then it shall be the obligation and the responsibility
of the East Newark Fire Department to seek and obtain such license;
in the event that such license is not obtained 10 days prior to the
date of such function, such function shall be cancelled, notwithstanding
the prior grant of any other required approvals.
(g)
Immediately upon the conclusion of such event at the time hereinbefore
specified and approved, all alcoholic beverages and all containers
of alcoholic beverages remaining shall be closed and made unavailable
for further service or consumption in either public or private upon
such premises; thereafter, all alcoholic beverages and containers
shall be removed from the property occupied or operated by the East
Newark Fire Department within 12 hours after the conclusion of the
function.
[1985 Code § 3-1.3; New]
The foregoing prohibitions shall not apply to certain specific
areas if a Social Affairs Permit has been issued by the Division of
Alcoholic Beverage Control to allow consumption of alcoholic beverages
on municipal property.
[Ord. No. 5-93 § 6-10.1]
No owner or operator of a restaurant, dining room, room where
entertainment is provided or other public place where food or liquid
refreshments are sold or served to the general public shall permit
the consumption of alcoholic beverages on such premises unless the
premises has a Retail Consumption License.
[Ord. No. 5-93 § 6-10.2]
[1985 Code § 3-3.1]
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly.
Shall mean and include any adult person having care or custody
of a minor, whether by reason of blood relationship, the order of
any court or otherwise.
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, or in the case of a minor, not owned or under the control
of his parent or guardian.
[1985 Code § 3-3.2]
a.
It shall be unlawful for any person to loiter in a public place in
such manner as to:
1.
Clearly cause an immediate, actual, physical violent reaction from
any person of ordinary sensibilities, which reaction will cause or
create a threat to the peace and good order of the public.
2.
So disturb a person of ordinary sensibilities as to cause such person
to react immediately in such a way as to threaten by physical violence
the peace and good order of the public.
3.
Obstruct the free passage of pedestrians or vehicles.
4.
Obstruct, molest or interfere with any person lawfully in a public place as defined in subsection 3-3.1. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb a person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and good order of the public.
b.
No person shall be convicted of loitering in a public place in violation
of this section unless a Police Officer at the time determined that
such person was causing or was likely to cause any of the conditions
enumerated hereinabove and such Police Officer, at that time, ordered
the person to cease the enumerated conduct, which police order the
person refused to obey.
[1985 Code § 3-3.3]
No parent or guardian of a minor under the age of 18 years shall
knowingly permit the minor to loiter in violation of this subsection.
[1985 Code § 3-3.4]
Whenever any minor under the age of 18 years is adjudicated
to be in violation of this section, his parent or guardian shall be
notified of this fact by the Chief of Police or any other person designated
by him to give such notice.
[1985 Code § 3-3.5]
If at any time within 30 days following the giving of notice as provided in subsection 3-3.4, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of this parent or guardian.
[1985 Code § 3-4.1]
It shall be unlawful for any minor under the age of 16 years
of age to loiter, idle, wander, stroll, or play in or upon the streets,
parks, playgrounds, wharves, docks, or other public grounds, public
places and public buildings, places of amusements and entertainment,
vacant lots or other unsupervised places, between the hours of 10:00
p.m. and 7:30 a.m. of the following day, from the month of May 15
to October 15 and between the hours of 9:30 p.m. and 7:30 a.m. of
the following day, from October 15 to May 15; provided, however, that
the provisions of this section do not apply to a minor accompanied
by his or her parent, guardian, or other adult person having the care
and custody of the minor, or where the minor is upon an emergency
errand of legitimate business directed by his or her parent, guardian,
or other adult person having the care and custody of the minor, or
where the minor has in his possession a card issued by the Chief of
Police or the Borough Clerk permitting his or her presence on the
street at a specified time limit.
[1985 Code § 3-4.2]
It shall be unlawful for the parents, guardian, or other adult
person having the care and custody of a minor under the age of 16
years to knowingly permit such minor to loiter, idle, wander, stroll,
or play in or upon the street, parks, playgrounds, wharves, docks,
or other public grounds, public places, and unsupervised places, between
the hours of 10:00 p.m. and 7:30 a.m. of the following day, from the
month of May 15 to October 15, and between the hours of 9:30 p.m.
and 7:30 a.m. of the following day, from October 15 to May 15; provided
however that the provisions of this subsection do not apply where
the minor is accompanied by his or her parent, guardian, or other
adult person having the care and custody of the minor, or where the
minor is upon an emergency errand or business directed by his or her
parent, guardian or other adult person having care and custody of
the minor. Each violation of the provisions of this section shall
constitute a separate offense and be dealt with according to laws
effecting juvenile delinquency and other laws in force and effect
in the Borough dealing with other than juveniles.
[1985 Code § 3-4.3]
Any minor violation of the provisions of subsection 3-4.1 shall be dealt with in accordance with juvenile court law and procedure. Any parent, guardian or other adult person having the care and custody of a minor violation of subsection 3-4.2 shall be fined according to the penalty as set forth in Chapter 1, Section 1-5.
[1985 Code § 3-5.1]
As used in this section:
Shall mean any motor vehicle left unattended for 48 hours
or more on any street, lane, alley or other public place in the Borough.
Shall mean the Director of Public Safety or Chairman of the
Police Safety Committee of the Borough.
Shall mean any motor vehicle parked or stopped in violation
of any Statute, local ordinance or regulation.
[1985 Code § 3-5.2]
In order to provide for the more effective enforcement of the
Traffic Ordinances and Regulations of the Borough and to provide clear
streets for use by emergency vehicles, the Police Committee Chairman
is authorized and empowered to take possession of any vehicles of
whatever type and description, and to remove any as may be parked
in any portion of the streets, lanes, alleys or public places in the
Borough as may be abandoned or parked in violation of N.J.S.A. 39:4-138
regulating the operation of motor vehicles or which are or may be
parked in violation of any of the existing ordinances or regulations.
[1985 Code § 3-5.3]
The provisions of this section shall not apply to operator controlled
motor vehicles actually in use in connection with any funeral, wedding
or religious service for which a police permit has been issued.
[1985 Code § 3-5.4]
a.
The Police may move or secure the summary removal of any and all
such vehicles to such garage or place as may be designated by the
Chairman of Police Committee, as a garage or place for the impounding
of any such vehicles, and any such vehicles shall be there retained
and impounded until the person owning or claiming the same shall pay
the fees for such removal and the storage of same for a period not
to exceed 24 hours from time of such summary removal. There shall
be imposed and paid an additional charge for each day or fractional
part thereof, following the twenty-four hour period last provided.
The charges imposed in this subsection shall be in addition to any
other fine or penalty imposed for any other violation.
b.
Immediately after a vehicle is so removed, the Chief of Police, or
his agent acting for him, shall notify the registered owner or any
such vehicle, in writing, by personal service, or by registered mail,
at the last known address of such owner, of the removal and storage
of such vehicle, the reason for such removal, and the storage location
of same.
[1985 Code § 3-5.5]
After any such vehicle shall have been in possession of the Police Department for a period of 90 days, and the notice provided for in paragraph c of subsection 3-5.4 shall have issued, it shall be deemed to be abandoned and the Chairman of Police Committee may proceed with the sale of such vehicle as provided by N.J.S.A. 39:10A-1 through 7.
[1985 Code § 3-5.6]
It shall be the duty of the Chief of Police to enforce the provisions
of this section.
[1985 Code § 3-5.7]
This entire section shall be deemed and construed to be an exercise
of the Police power of the Borough, for the preservation and protection
of public safety; all of its provisions shall be literally construed
with a view to the effectuation of such purposes.
[Ord. No. 01-96 § 3.5-2.1]
Pursuant to N.J.S.A. 39:4-138.4 et seq., the Borough of East
Newark does hereby permit the parking of motor vehicles in front of
private driveways whenever both the motor vehicle and driveway involved
are owned by the same person, or the motor vehicle is owned by a member
of the same household as the owner of the private driveway, or the
owner of the private driveway authorizes the parking of a motor vehicle
in front of the private driveway, where such parking is not otherwise
prohibited and the permitting of the parking thereof would not interfere
with the normal flow of traffic and emergency vehicles.
[Ord. No. 01-96 § 3.5-2.1]
Permits authorizing the parking of motor vehicles in front of
private driveways identifying the location or the driveway in front
of which the parking of a motor vehicle is permitted shall be issued
to owners of private driveways and to members of the same household
as the owner of a private driveway provided that a completed application
for a permit has been filed as required by the Police Department.
An owner of a private driveway and each member of the owner's
household who owns a motor vehicle shall also be eligible to apply
for a permit to be issued under this section.
The permit shall be 5 1/2 by 8 1/2 inches in size,
shall bear an appropriate certification of authenticity and shall
be displayed prominently within the vehicle when it is parked so as
to be seen from the middle of the street.
[Ord. No. 01-96 § 3.5-2.2]
A motor vehicle shall not be permitted to be parked in front
of a private driveway unless the owner of the private driveway or
a member of the owner's household has been issued a valid permit and
the permit is properly displayed, or unless the owner has authorized
another party to use and display the owner's permit for parking in
front of the private driveway, and the permit is valid and properly
displayed.
[Ord. No. 11-06 §§ 1
— 4]
Pursuant to N.J.S.A. 39:4-139-13, the East Newark Police Department
is authorized to immobilize or impound motor vehicles within the Borough
of East Newark under the conditions provided for herein:
a.
Any vehicle parked within the Borough of East Newark for which there
are at least five or more outstanding delinquent parking tickets,
the first being at least 60 days old, and the fifth being at least
30 days old, may be immobilized by the East Newark Police Department.
With respect to vehicles immobilized in accordance with this section,
where the outstanding fines and penalties have not been satisfied
for 48 hours from the time of the immobilization of the vehicle, the
Borough of East Newark may take the vehicle into possession. The Borough
of East Newark, the East Newark Police Department, their agents, servants,
or employees shall not be responsible or liable in any manner for
damage incurred in towing, storage, immobilization, possession or
disposition of such vehicles.
b.
In the event that a vehicle is immobilized to paragraph a above,
an immobilization fee of $50 shall be assessed, which, along with
all outstanding fines and penalties shall be paid prior to the release
of the vehicle. All fines and penalties assessed by the Municipal
Court shall be paid in cash, certified check, or money order payable
to the East Newark Municipal Court. The $50 immobilization fee shall
be paid in cash, certified check or money order payable to the East
Newark Police Department.
In the event that the impounded vehicle has been towed, all
towing and storage fees payable, pursuant to this section, shall be
paid to the tower.
c.
If any outstanding warrants are not paid by 4:30 p.m. on the 45th
day following the day, which the vehicle was impounded or immobilized,
the vehicle may be sold at public auction by the East Newark Police
Department. The Department shall give notice of the sale by certified
mail to the owner, if his name is known, and to the holder of any
security interest filed with the Director of the Division of Motor
Vehicles. Notice shall also be given to one insertion, at least five
days before the date of the sale, in one or more newspapers published
in the State and circulating in the Borough of East Newark. Vehicles
which are owned by lessor's who have complied with the provisions
of N.J.S.A. 36:4-139.2 et seq. respecting lessor's shall not be sold.
[Ord. No. 11-06 §§ 5,
6]
a.
At any time prior to the sale, the owner of the motor vehicle or
other person entitled to the vehicle may reclaim possession of it
upon payment of:
1.
The reasonable costs of removal of storage of the motor vehicle.
2.
The $50 immobilization fee.
3.
Any fine or penalty and Court costs assessed against the owner of
the vehicle for violation(s) which gave rise to the impoundment or
immobilization of the vehicle including any outstanding warrants against
vehicle.
b.
The owner-lessor of a motor vehicle who has complied with the provisions
of N.J.S.A. 39:4-139.2 et seq. respecting lessor's 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.
[Ord. No. 11-06 § 7]
Any proceeds obtained from the sale of the vehicle at public
auction in excess of the amount owned in the municipality for the
reasonable cost of removal and storage of the motor vehicle, the $50
immobilization fee, and any fines or penalties and Court costs assessed
against the vehicle for the violation which gave rise to the impoundment
or immobilization of the motor vehicle, including any outstanding
warrants against such vehicle, shall be returned to the owner of the
vehicle if his name and address is known.
[Ord. No. 11-06 § 8]
It shall be unlawful and an offense for any person to tamper
with, impair, render inoperative or cause any person to tamper with,
impair or render inoperative an immobilization device which has been
attached to a vehicle in accordance with the provisions of this section.
Except as otherwise provided herein, it shall be unlawful and
an offense for any person to move or cause to be moved any vehicle
when that vehicle has been immobilized in accordance with this section.
[Ord. No. 11-06 § 9]
Any person who violates any provision of this section shall,
upon conviction thereof, be subject to imprisonment not to exceed
90 days and/or a fine of not less than $100 nor more than $1,000.
Each day that any violation of any section of this section shall exist
shall constitute a separate offense and shall be charged as a separate
offense by the issuance of additional process.
[1985 Code § 3-2.17]
No person shall litter the streets, sidewalks or public places
of the Borough, with papers, waste paper, or other waste materials.
[1985 Code § 3-6.1]
No person shall throw or place or cause to be thrown or placed
on any sidewalk or street in the Borough any garbage, other refuse
or any obstructions of any kind or nature.
[Ord. 1/11/89]
All vehicles shall be covered when loaded to prevent loads from
dropping, leaking or escaping of materials.
[Ord. 1/11/89]
The accumulation of debris on or around construction sites or
storage of debris in such a manner that is likely to remove the debris
by natural forces onto adjacent property is prohibited.
[Ord. 1/11/89]
Permitting open or overflowing commercial, industrial or residential
waste disposal bins is prohibited.
[Ord. 1/11/89]
Every owner, leasee, tenant, occupant or person in charge of
any building or structure is required to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction and nuisances of every kind, and to keep the sidewalks,
areaways, backyards, courts and alleys free from litter and other
offensive material.
[1]
Editor's Note: See also Chapter 13 for additional requirements
concerning maintenance of sidewalks and removal of snow and ice from
sidewalks.
[Ord. 1/11/89]
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 is required to keep the sidewalk in front of
his or her premises free of litter and all sweepings shall be collected
and properly contained for disposal.
[1]
Editor's Note: See also Chapter 13 for additional requirements
concerning maintenance of sidewalks and removal of snow and ice from
sidewalks.
[Ord. 1/11/89]
Any person who violates this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5, with a minimum penalty of a $100 fine for each violation. If the violation is of a continuing nature, each day during which it continues constitutes a separate and distinct offense.
[Ord. 1/11/89]
No person shall park a vehicle on a residential lawn.
[Ord. 1/11/89]
Any person who violates this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5, with a minimum penalty of a $100 fine for each violation. If the violation is of a continuing nature, each day during which it continues constitutes a separate and distinct offense.
[Ord. 1/11/89]
No person shall store in areas zoned residential any bulky household
items such as appliances, furniture or mattresses except in a fully
enclosed structure.
[Ord. 1/11/89]
No person shall store tires in areas zoned residential except
in a fully enclosed structure.
[Ord. 1/11/89; New]
No person shall keep inoperable or unregistered vehicles on
streets, vacant lots or residential lawns. A current registration
is required for all motor vehicles which are not stored in an enclosed
building.
[Ord. 1/11/89]
Any person who violates this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5, with a minimum penalty of a $100 fine for each violation. If the violation is of a continuing nature, each day during which it continues constitutes a separate and distinct offense.
[Ord. No. 15.02 § 1]
As used in this section:
Shall mean a hand-drawn or propelled vehicle or wheeled container
made of metal, wood, plastic or other material such as provided by
merchants for use of their customers in carting or carrying goods,
wares or merchandise.
[Ord. No. 15.02 § 2]
It shall be unlawful for any person to leave, abandon or permit
to be left any shopping cart whether owned by the entity or in their
possession, custody or control upon any public street, sidewalk, driveway
or municipal property in the Borough. Any shopping cart found off
the property of the owner shall be determined to have been abandoned
by the entity in violation of this section.
[Ord. No. 15.02 § 3]
Any shopping cart found abandoned within the Borough shall be
impounded by the Borough and held at the Borough storage facilities
within the Department of Public Works. Within seven days of the shopping
cart being placed in storage, the Borough shall, by ordinary mail,
notify the owner thereof that their impounded shopping cart may be
redeemed within 10 days of the date of notification. The cost to redeem
the shopping cart shall be $25, payable to the Borough of East Newark.
Failure to redeem the shopping cart within the time prescribed shall
result in forfeiture of the shopping cart to the Borough.
[Ord. No. 15.02 § 4]
Any shopping cart forfeited to the Borough shall be sold at
public auction. In the event the shopping cart remains unsold, the
Borough may dismantle, destroy or otherwise dispose of the property.
Any public sale or other disposition of property shall be without
liability on the part of the Borough to the owner of such property
or other person lawfully entitled thereto or having an interest therein.
Any monies paid to the Borough, pursuant to this section shall be
deposited in the general fund of the Borough of East Newark.
[Ord. No. 08-02 § 3]
As used in this section:
Shall mean a vehicle that typically has two or more wheels
with a low footboard between them, is steered by a handle bar, and
is propelled by pushing one foot against the ground while resting
the other on a footboard.
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.
[Ord. No. 08-02 § 4]
No person shall use, operate or ride upon any skateboard or
scooter or any public street, public sidewalk, public park, public
parking lot or other public place within the Borough.
[Ord. No. 08-02 § 5]
Any Police Officer who shall observe any person using, operating
or riding a skateboard or scooter in violation of this section shall
take possession of the skateboard or scooter. If the violation is
a first offense, the skateboard of scooter shall be returned to the
individual determined to be in violation of this section after payment
of the fine set forth herein. If an individual is found guilty of
a second violation, the skateboard or scooter shall be forfeited to
the Borough and destroyed. In the event the fine for a first offense
is not paid within 30 days, the skateboard or scooter shall be forfeited
to the Borough and destroyed.
[Ord. No. 08-02 § 6]
[Ord. 6-9-93]
a.
SMOKING
Definition.
Shall mean the burning of a lighted cigar, cigarette, pipe
or any other matter or substance which contains tobacco.
b.
Smoking 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.
c.
Penalty. Any person violating any provision of this section shall,
upon conviction, be subject to a fine not to exceed $25.
[1985 Code § 3-2.18; Ord. No. 16-02 §§ 1—13]
a.
Purpose. The smoking of tobacco is detrimental to the public health
and welfare. It has also been determined that the curbing of smoking
where public will gather will assist in the decrease of smoking and
its impact on the public, which is beneficial to the public health
and welfare. It is therefore the purpose of this section to prohibit
smoking from areas within the Borough.
b.
Locations Where Smoking is Prohibited. Smoking of tobacco is hereby
prohibited in the following locations: Veterans Park-Soccer Field
and Playground- Sherman Avenue, Searing Avenue Playground-Searing
Avenue.
c.
No Smoking Where Signs Posted. No person shall smoke or carry any
lighted pipe, cigar or cigarette in any public or quasi-public building,
conveyance, theatre, auditorium, shop, or factory or in any retail
store wherein no smoking signs are displayed or posted.
[1985 Code § 3-8.1]
It shall be unlawful for any person, association, partnership
or corporation to conduct, manage, or promote any circus or carnival
or to exhibit any tricks, juggling, sleight of hand, bear baiting,
bull baiting or any feats of uncommon dexterity or agility of body
or any curiosity or curiosities of nature or art whether or not an
admission fee is charged to witness the same, within the limits of
the Borough.
[1985 Code § 3-8.2]
It shall be unlawful for any owner, occupants, or other persons
having the possession of any lot or premises within the Borough to
permit the use of the lot or premises for any purpose prohibited in
this section. This section shall not be construed to prevent the holding
of a bazaar within the confines of any building used for Church purpose.
[1985 Code § 3-9.1]
The conduct and operation of all kinds of raffles on the first
day of the week, commonly known and designated as Sunday, is hereby
authorized.
[1985 Code § 3-9.2]
No raffle of any kind shall be conducted on Sunday unless the
license specifically so provides.
[1985 Code § 3-9.3]
All such raffles shall comply with the Raffles Licensing Law
and the rules and regulations of the Legalized Games of Chance Control
Commission.
[1985 Code § 3-2.1]
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 by riotous persons, gamblers,
vagrants, criminals or persons of ill repute, or for any unlawful
purpose whatsoever.
[1985 Code § 3-2.2]
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, number slips for lotteries or other gambling
paraphernalia.
[1985 Code § 3-2.3]
No person shall participate in any riot, disturbance or disorderly
assemblages tending to break the peace or annoy other persons.
[1985 Code § 3-2.4]
No person shall create a disturbance in public, quasi-public
or private places not their 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 private property which shall tend
to annoy other persons.
[1985 Code § 3-2.5]
No person shall obstruct in any way or interfere with any Police
Officer or other Law Enforcement Officer in the performance of his
duties.
[1985 Code § 3-2.6]
No person shall in public or private, engage in any lewd, indecent,
immoral or lascivious conduct or acts.
[1985 Code § 3-2.7]
No person shall molest, or use any indecent or improper language
to any female on the sidewalks or streets of the Borough, nor shall
any person attempt to induce any female to enter any automobile or
other vehicle.
[1985 Code § 3-2.8]
No person shall loiter on the streets or utter loud and offensive
or indecent language or make offensive remarks to or upon any person
passing along such streets or obstruct or interfere with any person
lawfully being in or upon such streets.
[1985 Code § 3-2.9]
No person shall make or utter loud and unnecessary noises having
a tendency to annoy other persons.
[1985 Code § 3-2.10]
No person shall engage in any practice, sport or exercise having
a tendency to obstruct the public streets 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.
[1985 Code § 3-2.11]
No person shall engage in any affrays or assaults commonly known
as fights in the Borough of East Newark.
[1985 Code § 3-2.12]
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.
[1985 Code § 3-2.13]
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.
[1985 Code § 3-2.14]
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.
[1985 Code § 3-2.15]
No person shall cause injury or damage to any public, quasi-public
or private property not his own.
[1985 Code § 3-2.16]
No person shall trespass on any land or property not his own.
[1985 Code § 3-2.19]
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.
[1985 Code § 3-2.20]
No person shall go about from door to door or place himself
or herself in the streets to beg or gather alms.
[1985 Code § 3-2.21]
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.
[1985 Code § 3-2.22]
No person shall engage in any conduct or course of action with
intent to defraud or cheat another.
[1985 Code § 3-2.23]
No unauthorized person or persons shall carry or discharge firearms
within the limits of the Borough 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.
[1985 Code § 3-2.24]
No person shall commit any act of abuse or cruelty to any animal.
[1985 Code § 3-2.25]
No person or persons shall engage in any business, trade, occupation,
work or other activity except works of necessity, emergency, or charity
which tend to annoy or molest other persons on the first day of the
week, commonly called Sunday.
[1985 Code § 3-2.26]
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 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 or debauch or endanger or
degrade the morals of the child, or permit anyone else to do so;
f.
Shall inflict or permit anyone else to inflict unnecessary mental
or physical strains that may tend to injure the health or moral well-being
of such child.
[1985 Code § 3-2.27]
No person, pilot or passenger, while operating or riding in
an aircraft in flight over the Borough shall fly at such a low level
as to endanger the persons on the surface beneath, or drop any objects
except loose sand or water ballast.
[1985 Code § 3-2.28]
No person shall sell, exchange or use a pea shooter, sling shot,
or other similar implement for the discharge of any missile whatsoever
in the Borough.
[1985 Code § 3-2.29]
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 which, when open, projects the blade from the
handle.
[1985 Code § 3-2.30]
No person shall abandon, discard, or otherwise dispose of an
ice box, 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 ice box, refrigerator or other object
in such a manner as to prevent a person from being locked or entrapped
therein.
[1985 Code § 9-2.1]
It shall not be lawful for any person to ride upon a bicycle
on any sidewalk within the Borough.
[1985 Code § 9-2.2]
All persons riding on bicycles at night shall exhibit a regulation
light.
[Ord. No. 05-10 Preamble]
The Borough Council recognizes the distinct need to protect
the children of the community and recognizes Megan's Law, which requires
individuals convicted of sexual offenses to register with the authorities.
There are presently no State laws which concern or touch upon the
prohibition of convicted sex offenders from residing or living near
areas where children regularly meet and congregate. The Borough Council
believes it is in its residents' best interests to adopt additional
regulations regarding convicted sex offenders, so as to protect the
health, safety and welfare of the children of the Borough.
[Ord. No. 05-10 § 1]
a.
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 that 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 not be permitted
to reside or live within 2,500 feet of any school, park, playground
or day care center within the Borough of East Newark.
b.
A person who resides or lives within 2,500 feet of any school, park,
playground or day care center within the Borough of East Newark 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.
This section shall not apply to a person who has established a residence
prior to May 1, 2005.
[Ord. No. 05-10 § 1]
Any violation of this section shall be punishable by one or
more of the penalties including a fine of $1,250, imprisonment for
a term not exceeding 90 days; a period of community service not exceeding
90 days.
[Ord. No. 08-01]
a.
In the event of a false alarm, any person having knowledge thereof
shall notify the East Newark Police Department. In addition, the Chief
of Police shall cause an investigation to be made and keep a record
of the alarms on file.
b.
Violations; Penalties. For false alarms the Council prescribes the
following penalties:
1.
For first and second false alarms in any given calendar years: A
warning shall be issued.
2.
For third false alarms in any given calendar years: A fine of $25
shall be paid to the Borough.
3.
For fourth through ninth false alarms in the same calendar year:
A fine of $50 for each occurrence shall be paid to the Borough.
4.
For tenth and subsequent false alarms in the same calendar year:
A fine of $100 for each occurrence shall be paid to the Borough.
[Ord. No. 10-07 § 1]
Shall mean anything readily capable of lethal use or of inflicting
serious bodily injury. The term includes, but is not limited to, all
(1) firearms, even though not loaded or lacking a clip or other component
to render them immediately operable; (2) components which can be readily
assembled into a weapon; (3) gravity knives, switchblade knives, daggers,
dirks, stilettos, or other dangerous knives, billies, blackjacks,
bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar
leather bands studded with metal filings or razor blades imbedded
in wood; and (4) stun guns; and any weapon or other device which projects,
releases, or emits tear gas or any other substance intended to produce
temporary physical discomfort or permanent injury through being vaporized
or otherwise dispensed in the air.
[Ord. No. 10-07 § 2]
In addition to, but not in conflict with, the restrictions and
penalties imposed under N.J.S.A. 2C:39-5 (Unlawful Possession of Weapons)
and other applicable provisions of law, the following additional restrictions
and penalties shall be applicable within the corporate boundaries
of the Borough of East Newark:
a.
No person shall:
1.
Knowingly have in his possession any weapon while in or within 1,000
feet from the outermost boundaries of buildings or grounds owned or
leased by any school, college, university or other educational institution
and used for school purposes and;
2.
Possesses that weapon in violation of any law of this State.
b.
It shall not be a defense to a prosecution for a violation of this
section that the actor was unaware that the prohibited possession
took place while in or upon any part of the buildings of any school,
college, university or other education institution or within 1,000
feet from school property. It shall not be a defense to a prosecution
under this section that no juveniles or students were present on the
school property at the time of the offense or that the school was
not in session.
c.
In a prosecution under this section, a map produced or reproduced
by the Borough Engineer for the purpose of depicting the location
and boundaries of the building or grounds owned by or leased to any
school, school board, college, universities or other education institution
and used for school purposes, or within 1,000 feet from the outermost
boundaries of those buildings or grounds, or a true copy of such a
map, shall be admissible upon proper authentication, and shall constitute
prima facie evidence of the location and boundaries of those areas,
provided that the Mayor and Borough Council has adopted a resolution
or ordinance approving the map as the official finding and record
of the location and boundaries of those areas, which areas shall hereinafter
be referred to as "Weapons Free School Zones." Any map approved pursuant
to this section may be changed from time to time by the Mayor and
Borough Council. The original of every map approved or revised pursuant
to this section, or a true copy thereof, shall be filed with the Clerk
of the Borough of East Newark, and shall be maintained as an official
record of the Borough. Nothing in this section shall be construed
to preclude the use or admissibility of any map or diagram other than
one which has been approved by the Mayor and Borough Council, provided
that the map or diagram is otherwise admissible pursuant to the Rules
of Evidence.
d.
The provisions of this section shall not apply to any person who,
in conformance with the provisions of N.J.S.A. 2C:39-6, N.J.S.A. 2C:58-4
or any other provisions of the law, is permitted or authorized to
possess a weapon.
e.
Nothing in this section shall be deemed to preclude, if the evidence
so warrants, an indictment and conviction for a violation of other
provisions of law concerning the unlawful possession of a weapon.
f.
The map attached to this section[1] shall be incorporated by reference as the initial map that is to serve as the initial official finding and record of the location and boundaries of the Borough of East Newark Weapon's Free School Zones, as required in subsection c of this section.
[1]
Editor's Note: The map referred to herein may be found on
file at the Borough offices.
[Ord. No. 10-07 § 3]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment for term not exceeding 90 days, or both.
[Ord. No. 10-10 § 1]
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean any person under the legal age for the consumption
of alcoholic beverages, which is now 21 years of age.
Shall mean the underage person's grandparent, aunt or uncle,
sibling or any other person related by blood or affinity.
[Ord. No. 10-10 § 2]
Any person under the legal age who, without legal authority,
knowingly possesses or knowingly consumes an alcoholic beverage of
any type on private property is prohibited.
[Ord. No. 10-10 § 3]
a.
The provisions of this section shall not apply to any underage person
who consumes or possesses an alcoholic beverage in connection with
a religious observance, ceremony, or rite, or consumes or possesses
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 consume alcoholic beverages.
b.
The provisions of this section as to possession of alcoholic beverages
shall not apply to any such person while actually engaged in the performance
of employment by a person who is licensed under Title 33 of the Revised
Statutes, or while actively engaged in the preparation of food while
enrolled in a culinary arts or hotel management program at a County
vocational school or post-secondary educational institution.
This section shall not be construed to preclude the imposition
of a penalty under section N.J.S.A. 33:1-81, or any other section
of the law against a person who is convicted of unlawful alcoholic
beverage activities on or at premises licensed for the sale of alcoholic
beverages.
[Ord. No. 10-10 § 4]
a.
Any person who shall violate any provision of this section shall
be subject to a fine of $250 for a first offense, and $350 for any
subsequent offense.
b.
Upon conviction the court may, in addition to the fine, suspend or
postpone for six months the driving privilege of the defendant. In
the event a driver's license is suspended, the court shall forward
a report to the Motor Vehicle Commission stating the first and last
day of the suspension or postponement period imposed by the court
pursuant to this section. If a person at the time of the imposition
of a sentence is less than 17 years of age, the period of license
postponement, including suspension or postponement of the privilege
of operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period of six months after the person
reached the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the court shall immediately
collect the license and forward it to the Motor Vehicle Commission
along with the report. 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 last day of the license suspension period imposed by the court.
The court shall also inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, that person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
c.
If the person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresident
driving privilege of the person based on the age of the person and
submit to the Motor Vehicle Commission the required report. The court
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the court, the Motor Vehicle
Commission shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
[Added 1-9-2019 by Ord. No. 16-2018]
a.
In accordance
with and pursuant to the authority of N.J.S.A. 2C:35-7, a Drug-Free
Zone Map dated February 23, 2006, and revised on October 19, 2016,
and certified by Borough Engineer.
b.
This map
for the 1,000-foot drug-free school zone is hereby approved and adopted
as the official finding and record of the location of areas within
the municipal of property which are used for school purposes, and
which are owned by or leased to any elementary or secondary school
or school boards, and of the areas on or within 1,000 feet of such
school property.
c.
The map
may be found on file in the office of the Borough Clerk.
The Drug-Free Zone Map approved and adopted pursuant to Subsection 3-24.1 of this section shall 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, the Borough Council, with the recommendation of the Borough Engineer and the Chief of Police, adopts a new Drug-Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of school property and drug-free zones.
The school board, or chief administrative officer in the case
of any private or parochial school, or Borough Administrator, as the
case may be, is hereby directed and shall have the continuing obligation
to promptly notify the Borough Engineer and Chief of Police of any
changes, or contemplated changes, in the location and boundaries of
any property owned or leased by their school(s), or the Borough, as
applicable.
The Borough Clerk is hereby directed to receive and keep on file the original certified Drug-Free Zone Map approved and adopted pursuant to Subsection 3-24.1 of this section and to provide at a reasonable cost, or as defined pursuant to the Open Public Records Act, 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 such map, and of this section shall be provided without cost to the County Clerk, the Office of the Hudson County Prosecutor, Municipal Prosecutor and Borough's Police Department.
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the Drug-Free Zone Map approved and adopted pursuant to Subsection 3-24.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal law of this state, and that, pursuant to state law, such map shall constitute prima facie evidence of the following:
1.
The location
of any schools within the municipality;
2.
The boundaries
of real property which is owned by or leased to such schools or a
school board;
3.
That
such school property is and continues to be used for school purposes;
4.
The location
and boundaries of areas which are on or within 1,000 feet of such
school property.
b.
Except as is 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 school property was owned by, or leased to, a school or school board, and was being used for school purposes at the time of certification of the Drug-Free Zone Map approved and adopted pursuant to Subsection 3-24.1 of this section.
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 the statute, including the use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-24.1 of this section. 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, or meeting the definitions of a 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 properties are not owned, leased or used by the entities or for the purposes described.
d.
All provisions
set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval
and adoption of a Drug-Free Zone Map have been complied with.
If any section, subsection, sentence, clause or phrase of this
section is for any reason held to be unconstitutional, invalid, or
unenforceable by a court of competent jurisdiction, such decision
shall not affect the remaining portions of this section.
This section shall become effective upon final adoption in accordance
with law.
