[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 6-6-1927; amended in its entirety 9-20-2010 by Ord. No. 2010-13. Subsequent amendments
noted where applicable.]
It shall be unlawful for any person to commit any of the following
offenses within the Borough:
A.
Disturbing the quiet of the Borough or of any lawful assembly of
persons, or of any neighborhood, family or person within the Borough
by using any profane, indecent or obscene language, or any indecent
conduct whatever or by quarreling, assaulting, fighting or otherwise
disturbing the public peace.
B.
Intentionally obstructing, molesting, hindering, annoying, frightening
or interfering with any other person upon the streets, parks, public
or private place, or in any automobile, bus, or other means of transportation
or conveyance, public or private.
C.
Engaging in any conduct the purpose of which is to defraud or cheat
any individual or entity within the Borough.
D.
Keeping or causing or permitting to be kept a house, shop, room or
place of any description in which any kind of disorder is made or
permitted, to the alarm, annoyance or disturbance of the neighborhood,
or in which persons assemble, or which place is injurious to the public
health, public quiet or public morals, or which is used for the purpose
of prostitution, or in which is kept any table or device of any kind
upon or by which any game of chance or hazard shall be played, except
in such cases as the table or device is used pursuant to a raffle
license approved by the Borough Council.
E.
Engaging in any riotous conduct, indecent conduct, breaches of the
peace, vagrancy, begging, or prostitution in any street or alley or
other public place in the Borough.
F.
Knowingly causing a false alarm or fire or intentionally breaking
or injuring or causing to be broken or injured any fire alarm box
owned by the Borough or any streetlamp used or lighted by or rented
to the Borough.
G.
Fleeing or attempting to allude, on foot or by any other means, any
police or law enforcement officer after having received any signal
from such officer to halt or bring his or her vehicle to a full stop.
H.
Resisting, obstructing or interfering with any Borough officer or
official, including a member of an emergency services organization,
in the performance of his or her duty, disobeying the lawful order
or instructions of any such officer or official or, without good reason,
refusing or neglecting to assist him or her in the performance of
his or her duty when requested to do so.
I.
Trespassing on private property and surreptitiously or sneakingly
invading the privacy of another by peering into windows or other openings
of dwelling places located thereon for no lawful purpose.
J.
Willfully or maliciously torturing, tormenting, beating, kicking,
striking, mutilating, injuring, disabling or killing any dog used
by the Police Department of the Borough of Dunellen in the performance
or duties of such Department or interfering with or meddling with
any such dog while being used by said Department, or any member thereof,
in the performance of any of the functions or duties of said Department
or of any officer or member of said Department.
K.
Insufficient funds.
(1)
Individually
or as agent or representative of another person, or as an officer
or agent of any corporation, or a member of a partnership, with intent
to defraud, making, drawing, uttering or delivering any check, draft
or order for the payment of money in a sum not in excess of $100 upon
any bank or other depository, knowing at the time of so doing that
the maker or drawer has no funds or insufficient funds in, or credit
with, such bank or other depository for the payment in full of such
instrument upon its presentation although no express representation
is made in reference thereto.
(2)
The
making, drawing, uttering or delivering of a check, draft or order
as stated in the preceding subsection shall be prima facie evidence
of intent to defraud, and the certificate of protest of nonpayment
of same shall be presumptive evidence that there were no funds or
insufficient funds in or credit with such bank or other depository
and that the person making, drawing, uttering or delivering the instrument
knew that there were no funds or insufficient funds in or credit with
the bank or other depository.
A.
CONCEAL
FULL RETAIL VALUE
MERCHANDISE
MERCHANT
PERSON
PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT
SHOPPING CART
STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT
UNDER-RING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
To hide merchandise so that, although there may be some notice
of its presence, it is not visible through ordinary observation.
The merchant's stated or advertised price of the merchandise.
Any goods, chattels, foodstuffs or wares of any type and
description, regardless of the value thereof.
Any owner or operator of any store or other retail mercantile
establishment or any agent, servant, employee, lessee, consignee,
officer, director, franchisee or independent contractor of such owner
or proprietor.
Any individual or individuals, including an agent, servant
or employee of a merchant where the facts of the situation so require.
Includes but is not limited to the retail mercantile establishment,
any common use areas in shopping centers and all parking areas set
aside by a merchant or on behalf of a merchant for the parking of
vehicles for the convenience of the patrons of such mercantile establishment.
A pushcart of the type or types which are commonly provided
by grocery stores, drugstores or other retail mercantile establishments
for the use of the public in transporting merchandise in stores and
markets and, incidentally, from the stores to a place outside the
store.
A place where merchandise is displayed, held, stored or sold
or offered to the public for sale.
To cause the cash register or other sale recording device
to reflect less than the full retail value of the merchandise.
B.
Shoplifting prohibited. Shoplifting shall consist of any one or more
of the following acts, which shall be prohibited within the Borough:
(1)
For any person purposely to take possession of, carry away, transfer
or cause to be carried away or transferred any merchandise displayed,
held, stored or offered for sale by any store or other retail mercantile
establishment with the intention of depriving the merchant of the
possession, use or benefit of such merchandise or converting the same
to the use of such person without paying to the merchant the full
retail value thereof.
(2)
For any person purposely to conceal upon his person or otherwise
any merchandise offered for sale by any store or other retail mercantile
establishment with the intention of depriving the merchant of the
processes, use or benefit of such merchandise or converting the same
to the use of such person without paying to the merchant the value
thereof.
(3)
For any person purposely to alter, transfer or remove any label,
price tag or marking indication of value or any other markings which
aid in determining value affixed to any merchandise displayed, held,
stored or offered for sale by any store or other retail mercantile
establishment and to attempt to purchase such merchandise personally
or in consort with another at less than the full retail value with
the intention of depriving the merchant of all or some part of the
value thereof.
(4)
For any person purposely to transfer any merchandise displayed, held,
stored or offered for sale by any store or other retail mercantile
establishment from the container in or on which the same shall be
displayed to any other container with intent to deprive the merchant
of all or some part of the retail value thereof.
(5)
For any person purposely to under-ring with the intention of depriving
the merchant of the full retail value thereof.
(6)
For any person purposely to remove a shopping cart from the premises
of a store or other retail mercantile establishment without consent
of the merchant given at the time of such removal with the intention
of permanently depriving the merchant of the possession, use or benefit
of such cart.
For violation of any provision of this chapter, any other chapter
of this revision, or of any other ordinance of the Borough where no
specific penalty is provided regarding the section violated, the maximum
penalty shall, upon conviction of a violation, be one or more of the
following:
