Editor's Note: N.J.S.A. 40:48-1 specifically authorizes a municipality to enact ordinances to: preserve the public peace and order; prevent vice, drunkenness and immorality; prevent disturbances and disorderly assemblages; restrain and punish drunkards, vagrants, mendicants and street beggars; prevent injuries to persons in public streets; prevent loitering, lounging or sleeping in the streets or public places; regulate and prohibit the sale and use of guns, pistols, firearms and fireworks of all descriptions.
For Statutory enumeration of disorderly persons generally, see N.J.S.A. 2C:33-1 et seq.
[R.O. 1966 § 17:2-1]
a. 
No person shall accost or approach any person of the opposite sex unknown to such persons and by word, sign or gesture attempt to speak to or to become acquainted with such person against his/her will on a street or other public place, except in the transaction of legitimate business.
b. 
No person shall attempt to entice or procure a person of the opposite sex to commit an unlawful act or accost or approach any person and by word, sign or gesture, suggest or invite the doing of any indecent or unnatural act.
c. 
No person shall accost any other person who shall be on any street or sidewalk and (1) solicit him/her to purchase any goods, wares or merchandise kept for sale at any store, house or place of business, or (2) solicit him to enter any store, house or place of business to examine or purchase any goods, wares or merchandise kept therein for sale.
[R.O. 1966 § 17:2-3; Ord. 6 S+FC, 5-20-1998]
a. 
No person or persons shall:
1. 
Engage in any practice, sport or exercise having a tendency to annoy persons passing on the streets or sidewalks;
2. 
Molest or give annoyance to children attending any school or public building, or annoy any person or any teacher therein;
3. 
Willfully obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere with any other person or persons lawfully upon any public thoroughfare or in any public place or in any automobile, bus or other public or private conveyance lawfully upon any public thoroughfare;
4. 
Collect in bodies or crowds for idle or unlawful purposes, to the annoyance or disturbance of other persons or travelers.
b. 
Any person who violates any provision of this section shall, upon conviction thereof, be punished by one or more of the following penalties: (1) a fine not exceeding $1,000; (2) imprisonment for any term not exceeding 90 days; or (3) a period of community service not exceeding 90 days. Separate offenses shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: The provisions for Curfew for Minors was contained in R.O. 1966 § 17:2-4; R.O. 1966 C.S. and amended by Ord. 6 S+FR, 9-4-1985 and Ord. 6 S+FH, 12-16-1992.
[Ord. 6 S+FH, 12-16-1992 § 1; Ord. 6 S+FBJ, 10-4-2000 § 1]
It shall be unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll or play in, or remain in or be upon the public streets, highways, roads, public places and public buildings, places of amusement and entertainment, public transportation facility, public vehicles used for transportation, vacant lots or other public places within the confines of the City or to be more than 100 yards from his or her place of residence between the hours of 11:00 p.m. and 5:30 a.m. of the following day. The provisions of this paragraph shall not apply to any minor accompanied by his or her parent, guardian or other adult person having care or custody of the minor, or where a minor is upon an emergency errand directed by his or her parent or guardian, or other adult person having care or custody of the minor. An emergency errand shall be an errand required to preserve the life of a person.
The provisions of this paragraph shall not apply to any juvenile engaged in or traveling to or from a business or occupation which the laws of this State authorize a juvenile to perform or to a juvenile who is attending extracurricular school activities, activities sponsored by religious or community-based organizations and other cultural, educational and social events that may occur after 11:00 p.m. and before 5:30 a.m.
[Ord. 6 S+FH, 12-16-1992 § 2; Ord. 6 S+FBJ, 10-4-2000 § 1]
It shall be unlawful for the parent, guardian or other adult person having the care of a minor under the age of 18 to knowingly permit such minor to loiter, idle, wander, stroll, or play in, or remain in or be upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, public transportation facilities, public vehicles used for transportation, vacant lots or other public places within the confines of the City or for the minor to be more than 100 yards from the minor's place of residence between the hours of 11:00 p.m. and 5:30 a.m. on the following day. The provisions of this paragraph do not apply to any minor accompanied by his or her parent, guardian or other adult person having the care of the minor or custody of the minor, or where the minor is upon an emergency errand directed by his or her parent or guardian, or other adult person having care or custody of the minor.
a. 
In addition, it shall be unlawful for any parent or guardian to allow or permit any minor to be in or upon any public place at any time during the hours in which said minor's school is in session, unless such minor has been officially excused (excluding suspension and expulsion) from attendance at such school by school authorities.
b. 
Similarly it shall be unlawful for any owner, operator or employee of an establishment to knowingly allow or permit any minor to remain in or upon such establishment at any time during the hours in which such minor's school is in session, unless such child has been officially excused (excluding suspension and expulsion) from attendance at such school by school authorities.
c. 
The provisions of this paragraph shall not apply to any juvenile engaged in or traveling to or from a business or occupation which the laws of this State authorize a juvenile to perform or to a juvenile who is attending extracurricular school activities, activities sponsored by religious or community-based organizations, and other cultural, educational and social events that may occur after 11:00 p.m. or before 5:30 a.m.
[Ord. 6 S+FH, 12-16-1992 § 3; Ord. 6 S+FBJ, 10-4-2000 § 1]
Any minor under the age of 18 years of age found by a Police Officer to be in violation of this section shall be brought to the nearest Police Station where the minor shall be released to his or her parent or guardian. The minor shall receive a written warning from the officer in charge of the Police Station indicating the circumstances under which the minor was found to be in violation of this section. A copy of the warning shall be given to the minor and the minor's parent or guardian.
[Ord. 6 S+FH, 12-16-1992 § 3; Ord. 6 S+FBJ, 10-4-2000 § 1]
a. 
If a minor has been found to be in violation of this section on a second occasion within a six-month period that minor shall receive a summons and complaint from the Police Officer who apprehended the minor for the violation of this section.
b. 
If a minor has been found to be in violation of this section on a third occasion within six months, then the minor as well as the parent, guardian or other adult person having the care or custody of the minor shall receive a summons and complaint for the violation of this section.
[Ord. 6 S+FH, 12-16-1992 § 4; Ord. 6 S+FBJ, 10-4-2000 § 1]
There shall be a presumption that whenever a minor has been convicted for a violation of this section, that the parents, guardians, or other adult persons having care of the minor knew or should have known of the minor's violation of this section if the minor had been convicted on a prior occasion within six months of the date of the present violation.
[Ord. 6 S+FH, 12-16-1992 § 5; Ord. 6 S+FBJ, 10-4-2000 § 1]
Any minor found to be in violation of this section shall be subject to perform community service for a period not to exceed 90 days. Any parent, guardian or other adult person having the care or custody of a minor found to be in violation of this section, shall be subject to a fine of not less than $100 but not more than $1,000 and may be subject to perform community service for a period not to exceed 90 days.
[R.O. 1966 § 17:2-5]
No person shall keep or maintain a disorderly house, and no person shall allow or permit his/her house, shop, store or other place connected therewith, to be used, frequented or resorted to, by riotous or disorderly persons, gamblers, vagrants or common mendicants.
[R.O. 1966 § 17:2-6]
No person shall:
a. 
Cause any disturbance at any school, building or public building;
b. 
Make, aid, countenance or assist in making any improper noise, riot, disturbance or breach of the peace in the streets or elsewhere in the City.
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $200 or by imprisonment for a term not exceeding 90 days, or both.[1]
[1]
Editor's Note: See N.J.S.A. 2C:33-1 et seq.
[R.O. 1966 § 17:2-7; R.O. 1966 C.S. § 17:2-7; Ord. 6 S+FG, 5-2-2007 § 1; Ord. 6 S+FF, 2-6-2008 § 1]
a. 
It shall be unlawful for any person to be drunk or be in a state of intoxication in any street or other public place, or in any private house or place, to the annoyance of any other person.
b. 
It shall be unlawful for any person to drink, imbibe, consume, or be in possession of an open container of any alcoholic beverage as defined in the Alcoholic Beverage Law (N.J.S. 33:1-1) in any place in which the public or a substantial group of persons has access including, but not limited to, any street, sidewalk, highway, road, parking area, shopping area, place of amusement, playground or park located within the City. Such places shall also include the interior of any stationary motor vehicle which is on any street, highway, road, or on the grounds of a parking area, shopping area, place of amusement, playground or park located within the City. The provisions of this subsection shall not apply to premises licensed for the sale and consumption of alcoholic beverages or any City permitted activities approved by the Business Administrator or his/her designee.
c. 
Any person who shall violate any of the provisions of this section shall be subject, upon conviction thereof, to a fine not less than $25 and not exceeding $500 or to a period of community service not exceeding 90 days, or both.
[1]
Editor's Note: For State Statute punishing similar misconduct, see N.J.S.A. 2A:170-30.
[R.O. 1966 § 17:2-8]
No person shall set off or discharge any revolver, pistol, gun, cannon or firearm of any description using cartridges or gunpowder for ammunition, providing that nothing contained herein shall be construed to extend: to any military maneuvers; to any legally authorized target practice; to the explosion of dynamite or similar material used for blasting purposes under proper supervision; or to any Police Officer in line of duty.
[R.O. 1966 § 17:2-9; Ord. 6 S+FC, 9-3-1997; Ord. 6 S+FH, 5-2-2007 § 1]
a. 
No person shall deal, play or engage in faro, roulette, dice, or other device or game of chance, or buy or sell what is commonly known as a pool or any interest or share in any such pool, or to make or take what is commonly known as a book, upon the running, pacing or trotting of any horse, mare, gelding or other animal, or any game racing or contest, or have in possession any ticket, slip or other writing or printing of an interest or share, or showing or indicating an interest share, bet or pledge, in any pool, lottery, racing contest or other game of chance, or to keep or attend a place to which persons may resort for engaging in any such acts or for betting upon the event of any horse race, or other race, or contest, or for gambling in any form. No person shall aid, abet, assist or participate in any such pool, lottery, race or other contest or game of chance.
b. 
Any person who violates any of the provisions of this section shall, upon conviction thereof, be punished by a fine not less than $25 and not to exceed $1,000 or by a period of community service not exceeding 90 days, or both.
CROSS REFERENCE: For prohibition against gambling in amusement parlors and with coinoperated amusement devices, see Sections 5:1-10, 5:2-10 and 5:2-20 of these Revised General Ordinances.
[1]
Editor's Note: Similar language was construed in Newark v. Grodecki, 21 N.J. Misc. 241, 33A. 2d 115 (Common Pleas 1943).
[R.O. 1966 § 17:2-10]
a. 
No person shall set up, keep or maintain, or permit to be set up, kept or maintained, in any house or premises occupied by him/her, any faro table, faro bank, roulette or other device or game of chance, hazard or address, for the purpose of gaming, or any boxing ring, cockpit or other place for the exhibition of animals in fight.
b. 
It shall be the duty of the Police, and they are hereby authorized and empowered to enter upon any premises where any instruments or devices employed in gaming shall be used, contrary to the provisions of this section; and, except in the case of ball alleys, bowling alleys and billiard tables, to carry away and destroy the same as is authorized by law.
[1]
Editor's Note: For State Statute punishing similar misconduct, see N.J.S.A. 2C:37-1 et seq.
[R.O. 1966 § 17:2-13]
No person shall recruit any person or persons for employment, or secure or offer to secure for any person or persons any employment when the purpose thereof is to have such persons take the place, in employment, of employees in an industry or business where a labor strike or a lockout exists.
[1]
Editor's Note: Former Section 20:2-14, Loitering, previously codified herein and containing portions of R.O. 1966 § 17:2-14 was repealed in its entirety by Ordinance No. 6 PSF-C, 6-3-2009.
[R.O. 1966 § 17:2-15; R.O. 1966 C.S. § 17:2-15]
As used in this section:
MALICIOUS MISCHIEF
Shall mean any malicious or mischievous physical injury either to the property or rights of another or to those of the public in general, and without the consent of the owner.
Without excluding any act not herein named, but expressly included herein, the following acts shall be and constitute malicious mischief:
a. 
Damaging a building by explosion.
b. 
Burning crops, timber or grass.
c. 
Altering or removing a railroad signal or light or exhibiting false lights or signals.
d. 
Maliciously injuring, destroying, defacing or removing any milestone, post, guideboard or street marker, bridge, private way, pier, tree, rock, post or other monument for designating property, telegraph or telephone wire or cable or appurtenances belonging thereto, pipe or main for conducting gas or water and appurtenances thereto, electric lines, lamps, posts and appurtenances thereto, sewer or drain or pipe connected therewith, fire hydrants, hose or appliances, fire extinguishers, danger and other guideposts.
e. 
To enter upon the garden, orchard or improved cultivated or enclosed lands of another, and willfully or wantonly to sever, destroy, carry away or injure the trees, shrubs, vines, flowers, moss, turf, grain, grass, hay, fruit or vegetables thereon.
f. 
Digging, taking or carrying away earth, soil or stone from the land of another.
g. 
Placing any structure upon the land of another.
h. 
Breaking plate glass windows or doors of another.
i. 
Breaking, defacing or injuring any house of religious worship.
j. 
Connecting any tube, pipe, wire or other instrument with any instrument used for conducting gas, fuel, electricity or water, in such manner as to use such gas, fuel, electricity or water without the same passing through a meter or other instrument.
k. 
Altering, injuring or preventing the action of a meter, valve, stopcock or other instrument used for measuring quantities of gas, electricity or water.
l. 
Breaking, defacing or causing to be broken or defaced, the seal on any water meter.
m. 
Loosening the brake or blocking of any car standing on any railroad track.
n. 
Taking or carrying away any coal or other fuel from any railroad car or environs thereof.
o. 
Knowingly or willfully to destroy or carry away the rails or boards, wood or other lumber of another, or to tear down or remove therefrom any plumbing, electrical equipment or other appurtenances.
p. 
Maliciously to destroy, injure or secrete any goods, chattels or valuable papers of another.
q. 
Wantonly or unnecessarily to remove, cut, injure or destroy any tree, shrub, vine, moss or turf, growing or being located upon any public lands of any character whatsoever, including all public parks and the entire rights-of-way of all public streets.
r. 
Willfully to top, cut, burn, break down, injure or destroy, or otherwise to interrupt or interfere with the current, lines, cables, poles, towers, fixtures or appliances of any telephone or telegraph company, or electric light or power company or municipally owned utility engaged in furnishing communication, light, heat or power by electricity; or in any way to injure, remove, destroy or interfere with any gas, water or electrical fixtures or appliances.
s. 
Defacing real or personal property, public or private, by writing or placing written or pictorial graffiti, writings or other markings, without the express knowledge and consent of the owner, except that this prohibition shall not apply to easily removable chalk markings on public sidewalks or streets, written or drawn in connection with traditional children's games or any lawful business or public purpose or activity.
Any parent, guardian or other person failing or neglecting to exercise reasonable supervision and control of the conduct of a minor child under the age of 18 who is in his/her legal custody shall be subject to the penalty provisions applicable to this section for any violation of the provisions of this section by such minor child.
CROSS REFERENCE: For malicious damage to property by its occupants, see Section 18:4-1.5 of these Revised General Ordinances.
[1]
Editor's Note: For State Statutes dealing with malicious mischief, see N.J.S.A. 2C:17-1 et seq.
[R.O. 1966 § 17:2-16; R.O. 1966 C.S. § 17:2-16; Ord. 6 S+FD, 8-1-1996]
No person shall commit any of the acts enumerated below, each of which if committed shall be deemed and considered disorderly conduct:
a. 
No person shall verbally assault another with loud offensive, or indecent language, under circumstances wherein the use of such language is likely to incite an immediate breach of the peace by the one so assaulted;
b. 
No person shall annoy, disturb, interfere with, obstruct or be offensive to another, so as to substantially impair his/her right to be left alone;
c. 
By his/her actions cause a crowd to collect; except when lawfully addressing such a crowd;
d. 
Shout or make a noise either outside or inside a building during the nighttime to the annoyance or disturbance of the neighborhood;
e. 
Interfere with any person in any place by jostling against such person or unnecessarily crowding him/her or by placing a hand in the proximity of such person's pocket, pocketbook or handbag;
f. 
Station himself/herself on the streets or follow pedestrians for the purpose of soliciting alms, or solicit alms on the streets unlawfully;
g. 
Frequent or loiter about any public place soliciting men or women for the purpose of committing a crime against nature or other lewdness;
h. 
Cause a disturbance in any railroad car or other public conveyance, by running through it, climbing through windows or upon the seats, or otherwise annoying passengers or employees therein;
i. 
Stand on sidewalks or street corners and make insulting remarks to or about passing pedestrians or annoy such pedestrians;
j. 
While engaged in some illegal occupation or while bearing an evil reputation and with an unlawful purpose, consort with thieves and criminals or frequent unlawful resorts. In any prosecution under this subparagraph j the fact that the defendant is engaged in an illegal occupation or bears an evil reputation and is found consorting with persons of like evil reputation, thieves or criminals shall be prima facie evidence that such consorting was for an unlawful purpose;
k. 
As a common prostitute, wander about the public streets, or in any place of public resort;
l. 
Perform, show, exhibit, act, or represent on any public stage, auditorium, or any other public house, or room, or place whatsoever, any actions that shall be lewd, obscene, or indecent, including:
1. 
Any female performer who, in the presence of the audience, removes her clothing so as to make nude, or give the illusion of nudeness, of the lower abdomen, genital organs, buttocks or breasts; or exposes in the presence of the audience, or gives the illusion of nudeness in the presence of the audience, or gives the illusion of nudeness in the presence of the audience, the lower abdomen, genital organs, buttocks or breasts;
2. 
Any male performer who exposes in the presence of the audience the genital organs or buttocks;
3. 
Any performer who uses profane, lewd, lascivious, indecent or disgusting language;
4. 
Any performer who performs a dance, episode or musical entertainment which depicts sexual subjects, acts or objects offensive to public morals and decency;
5. 
Any performer who performs any dance, episode or musical entertainment, the purpose or effect of which is to direct the attention of the spectator to the breasts, buttocks or genital organs of the performer;
6. 
No owner or operator shall, in respect of any adult entertainment parlor owned or operated by him/her, knowingly permit any attendant, while providing services as an attendant, to touch, or be touched by, or have physical contact with, any other person in any manner whatsoever involving any part of that person's body;
7. 
No attendant shall, while providing services as an attendant, touch or have physical contact with any other person in any manner whatsoever involving any part of that person's body;
8. 
No owner or operator shall, in respect of any adult entertainment parlour owned or operated by him/her, fail to ensure that all services provided by an attendant are done only within public view in the adult entertainment parlour and without obstruction to those inside that adult entertainment parlour of that view by partitions, curtains, doors, or other structural barriers:
The enumeration of the aforesaid acts mentioned in this paragraph shall not be construed as excluding any other acts, and any act wherein the peace and quietude of the community is invaded shall be considered as disorderly conduct and punishable as a violation of this provision of this section.
m. 
Make or assist in making any riot, noise or disturbance at any house, shop, store or other place where dancing or other amusements are permitted.[1]
[1]
Editor's Note: See N.J.S.A. 2C:1-1 et seq.
[R.O. 1966 § 17:2-17; Ord. 6 S+FC, 10-20-1993 § 1; Ord. 6 S+FO, 9-21-1998]
As used in this section:
KNOWINGLY
Shall mean:
a. 
Having knowledge of the character and content of the material described herein; or
b. 
Having failed to exercise reasonable inspection which would disclose its character and content.
OBSCENE MATERIAL FOR PERSONS UNDER 18 YEARS OF AGE
Shall mean any description, narrative account, display, or depiction of a specified anatomical area, or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, film or language which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate purient interest on the area or activity depicted or described.
RETAILER
Shall mean any person 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 materials including clothing at retail containing pictures, drawings, photographs.
SPECIFIED ANATOMICAL AREA
Shall mean:
a. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
b. 
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
a. 
Human genitals in a state of sexual stimulation or arousal; or
b. 
Any act of human masturbation, sexual intercourse or deviate sexual intercourse; or
c. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breasts.
[R.O. 1966 § 17:2-17; Ord. 6+FO, 9-21-1988; Ord. 6 S+FC, 10-20-1993]
It shall be a petty disorderly persons offense for a retailer to knowingly display or permit to be displayed at her or his business premises any obscene material, as defined herein, 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.
[R.O. 1966 § 17:2-17; Ord. 6 S+FO, 9-21-1988]
Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
[Ord. 6 S+FC, 10-20-1993 § 1]
Any violation of this section shall constitute a petty disorderly persons offense and shall be punishable by one or more of the following penalties: a fine not exceeding $1,000, or imprisonment for a term not exceeding 30 days, or a period of community service not exceeding 30 days for the violation thereof.
[R.O. 1966 § 17:2-18]
No person shall loiter in or upon any private property not his/her own or not lawfully in his/her possession, and pry into the privacy or security of any person being in a dwelling located on the private property by peeping or by any other sly or furtive method of spying upon, watching or keeping under observation the people occupying the dwelling.
Any person who violates any provision of this section shall, upon conviction thereof be punished by a fine not exceeding $200 or by imprisonment for a term not exceeding 90 days, or both.
[1]
Editor's Note: For State Statute dealing with similar misconduct, see N.J.S.A. 2C:18-3, Criminal Trespass.
[R.O. 1966 § 17:2-19]
No person shall:
a. 
Enter any building, or public or private lands, and break, injure or deface such building or any part thereof or the fences or other property belonging to or connected with such building or lands;
b. 
Injure or destroy or assist in injuring or destroying any bridge or its appurtenances, or any public building, or other property belonging to the City. In addition to any penalty imposed, such person shall also be liable for all damage or injury done.
[Ord. 6 S+FA, 9-25-1990 § 1]
A reward not to exceed $1,000 shall be paid to any person or persons providing information leading to the arrest and conviction of persons found guilty of removing or damaging City property. For the purpose of this section City property shall include but not be limited to: street and roadway signs, park benches, statues and monuments and parking meters. The reward is to be payable after conviction out of a fund established for this purpose, but no such reward may be paid to any public employee whose duty it is to investigate or to enforce the law. The Director of the Department of Engineering is authorized to award the reward with the consent of the Municipal Council.
[R.O. 1966 C.S. § 17:2-19]
Any parent, guardian or other person failing or neglecting to exercise reasonable supervision and control of the conduct of a minor child under the age of 18 who is in his/her legal custody shall be subject to the penalty provisions applicable to this section for any violation of the provisions of this section by such minor child.
[R.O. 1966 § 17:2-20]
No person shall engage in prostitution or aid or abet prostitution or procure or solicit for the purpose of prostitution; or reside in, enter or remain in any place, structure or building, or enter or remain in any vehicle or conveyance for the purpose of lewdness, assignation or prostitution; or keep or set up a house of ill-fame, brothel or bawdy house; or receive any person for purpose of lewdness, assignation or prostitution into any vehicle, conveyance, place, structure or building, or permit any person to remain for the purpose of lewdness, assignation or prostitution in any vehicle, conveyance, place, structure or building; or direct, take or transport or offer or agree to take or transport, or aid or assist in transporting, any person to any vehicle, conveyance, place, structure or building or to any other person with knowledge or reasonable cause to know that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation; or lease or rent or contract to lease or rent any vehicle, conveyance, place, structure or building or part thereof knowing or with good reason to know that it is intended to be used for any of the purposes herein prohibited; or aid, abet or participate in the doing of any of acts herein prohibited.
[1]
Editor's Note: For State Statute dealing with prostitution, see N.J.S.A. 2C:34.1 et seq.
[R.O. 1966 § 17:2-21]
No person shall disrupt or disturb any congregation or assembly met for religious worship in any church or synagogue or other building, by making a noise, or by rude or indecent behavior or profane discourse within the place of worship.
[1]
Editor's Note: For State Statute punishing similar misconduct, see N.J.S.A. 2C:33-1 et seq.
[R.O. 1966 § 17:2-22]
a. 
No person shall act as an agent or broker for the renting or leasing of any dwelling or part thereof in the City, except duly licensed real estate salesperson and brokers and persons within the exception of the Statutes in such case made and provided.
b. 
No person shall solicit or accept any gratuity, gift, reward, brokerage, commission or other compensation for renting, leasing or procuring for or informing another person of a dwelling or for informing another person of a dwelling or place to reside in any building in the City, except that nothing herein contained shall be deemed to refer to legal brokerage or commissions due to licensed real estate salespersons and brokers.
[1]
Editor's Note: Real estate salesmen and brokers are licensed by the State pursuant to N.J.S. 45:15-1 et seq.
[R.O. 1966 § 17:2-23; R.O. 1966 C.S. § 17:2-23; Ord. 6 S+FA, 2-4-1987; Ord. 6 S+FC, 9-3-2008 § 1 — 3; Ord. 6PSF-A, 10-15-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
a. 
Definitions.
1. 
MUNICIPAL BUILDINGS — Shall include all structures owned, leased, rented and/or operated by the City of Newark, and/or occupied by City employees and used for official business of the City of Newark.
2. 
CITY AGENCY — Shall mean any City department or division, board or commission, statutory agency or any other municipality created entity, which is under the control and or supervision of the City of Newark.
3. 
CITY VEHICLE — Shall include all vehicles owned, leased, rented and/or operated by the City of Newark and/or occupied by City employees and used for official business of the City of Newark and vehicles operated by contract on behalf of the City of Newark.
4. 
SMOKING — Shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from a hookah or an electronic smoking device or e-cigarettes consistent with N.J.S.A. 26:3D-57(3).
5. 
INDOOR PUBLIC PLACE — Shall mean a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the State or by a County or municipal government; public and nonpublic elementary or secondary school building; Board of Education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L. 1983, c.492 (N.J.S.A. 30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment, apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling pursuant to N.J.S.A. 26:3D-57(3).
6. 
WORKPLACE — Shall mean a structurally enclosed location or portion thereof at which a person performs any type of service or labor pursuant to N.J.S.A. 26:3D-57(3).
7. 
PERSON HAVING CONTROL OF AN INDOOR PUBLIC PLACE OR WORKPLACE — Shall mean the owner or operator of a commercial or other office building or other indoor public place from whom a workplace or space within the building or indoor public place is leased pursuant to N.J.S.A. 26:3D-57(3).
8. 
ENCLOSED AREA — Shall mean all areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
9. 
PARKS AND RECREATIONAL FACILITIES — Shall include all public parks, playgrounds, ball fields, swimming pools, senior centers, community centers, publicly owned or leased by the City of Newark and all property owned or leased by the City of Newark upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to any parking areas, driveways or drive aisles.
10. 
SECONDHAND SMOKE (ALSO CALLED ENVIRONMENTAL TOBACCO SMOKE, INVOLUNTARY SMOKE, AND PASSIVE SMOKE)— Is the smoke given off by a burning tobacco product and the smoke exhaled by a smoker.
11. 
HOOKAH (ALSO KNOWN AS SHISHA, ARGILEH, NARGILE, HUBBLE-BUBBLE, WATER PIPE, HOOKAH, GOZA, MEASELL AND SHEESHA) — Is an Arabic water-pipe in which fruit-scented tobacco is burned using coal and becomes smoke, then passes through an ornate water vessel and is inhaled through a hose.
12. 
ELECTRONIC SMOKING DEVICE — Means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
b. 
Prohibitions. Smoking shall be prohibited at all times in all places within the City of Newark, in accordance with the following:
1. 
In or upon any part of any bus used in the transportation of passengers upon the streets within the boundaries of Newark;
2. 
In any polling place during the hours of a primary, general, municipal or special election is being conducted thereon;
3. 
In or upon any private or public elevator;
4. 
In any room, chamber, place of meeting or public assembly while a public meeting which has been convened under the auspices of the City of Newark, and to which the public is invited, solicited or legally entitled to attend, is in progress;
5. 
In any City of Newark municipal office and or building which is open to the general public;
6. 
In any library, indoor theater, museum, lecture or concert hall, indoor gymnasium or recreational facility owned or operated by the City of Newark;
7. 
All outdoor areas within 50 linear feet from any and all entrances and exits of any and all enclosed indoor areas where smoking is prohibited, to ensure that tobacco smoke does not enter the smoke-free indoor areas through entrances, windows, ventilation systems, or any other means;
8. 
Smoking shall be prohibited in any vehicle owned, leased, rented and/or operated by employees of the City of Newark or operated by contract on behalf of the City of Newark:
9. 
All employers within the City of Newark shall provide a smoke-free workplace for all employees. Smoking shall be prohibited in all enclosed facilities within the workplace at all times without exception. This includes, but is not limited to, all common work areas, private offices and work areas, meeting rooms, conference rooms, auditoriums, classrooms, hallways, elevators, stairs, cafeterias, employee lounges, rest rooms, medical facilities, and all other enclosed areas;
10. 
Smoking is hereby prohibited in all indoor public places or workplaces within the City of Newark, subject to the limited exceptions of said State Statute N.J.S.A. 26:3D-55 et seq;
11. 
In all municipal buildings as defined herein;
12. 
Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the City of Newark and all property including lead-safe houses owned or leased by the City of Newark upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking areas, driveways or drive aisles, which have been designated with no smoking signs.
c. 
Notification. The owner of any building in which there is an elevator, or the owner of any bus shall cause to be posted a notice in red lettering with a white background informing the public in English and in Spanish that smoking in that elevator or bus is prohibited and a violation of City Ordinance.
d. 
Signage and Posting. All areas designated in paragraph b, 4 through 9 of this section as non-smoking areas shall be clearly identified by signs. All municipal buildings or City agencies affected by this section shall be identified by signs posted by the Department, Division or Office thereof with letters at least one inch in height stating "Smoking Prohibited" or designated by the appropriate "Smoking Prohibited" internationally recognized symbol, (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each closed area where smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
e. 
Violations; Fines, Penalties; Enforcement.
1. 
Any municipal official or employee who smokes in a municipal building or City agency in violation of the provisions of this section shall be subject to disciplinary action pursuant to the appropriate State Statutes, Merit System Regulations, Municipal Code, Ordinance or other relevant regulatory guidelines.
2. 
The person having control of an indoor public place or workplace shall order any person smoking in violation of this section to comply with the provisions thereof. A person, after being so ordered, who smokes in violation of this section shall be guilty of an ordinance violation and subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. A penalty shall be recovered in accordance with the provisions of paragraphs (e),4 and 5 of this section.
3. 
The local Board of Health or the board, body or officers exercising the functions of the local Board of Health according to law, upon written complaint or having reason to suspect that an indoor public place or workplace covered by the provisions of this section is or may be in violation of the provisions thereof, shall, by written notification, advise the person having control of the place accordingly and order appropriate action to be taken. A person receiving that notice that fails or refuses to comply with the section shall be (guilty of an ordinance violation and subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. In addition to the penalty provided herein, the Court may order immediate compliance with the provisions of the section.
4. 
Any penalty proscribed under the provisions of this act shall be recovered by and in the name of the local Board of Health. The penalty recovered shall be paid into the general treasury of the City of Newark.
5. 
The Municipal Court of the City of Newark shall have jurisdiction over the proceedings to enforce and collect any penalty imposed for violations of this section if said violations have occurred within the territorial jurisdiction of the Court. The proceedings shall be summary and in accordance with the "Penalty Enforcement Law of 1999," P.L. 199, c.274 (N.J.S.A. 2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall be issued by the local Board of Health, as the case may be, as plaintiff.
6. 
Any person who violates paragraph b, 4 through 9 of this section upon refusal to stop, may be denied governmental services being performed in that location, provided that a notice of refusal of service is included on the signs posted in conformance with paragraph d above. Additionally, any person who violates paragraph b, 4 through 9 of this section, upon conviction thereof, shall be punished by a fine as provided in paragraph e, 2 and 3.
f. 
Non-retaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant seeks a smoke-free environment as afforded by this section.
g. 
Power to Adopt More Comprehensive Smoke-Free Policies. Notwithstanding any other provision of this section, the City of Newark reserves the right to adopt policies relating to smoking which are more comprehensive than those provided herein.
h. 
Other Applicable Laws. No provision of this section shall be construed or interpreted to allow smoking where it is otherwise restricted by other laws.
i. 
Public Education. The Director of the Department of Health and Community Wellness shall engage in a continuing program to inform and educate the public regarding the health consequences of smoking, including the adverse health consequences of people's exposure to secondhand smoke, shall clarify the purpose of this section to citizens affected, and guide owners, operators and managers in compliance. Smoke free signs and educational flyers detailing connections between secondhand smoke and asthma will be part of the education regarding this policy and its benefits. Enforcement fines cannot be levied until this program has been implemented for two months.
j. 
Enforcement. The enforcement authorities of this chapter shall be the City of Newark's Division of Police, Division of Fire, Department of Public Works, Division of Public Buildings and Department of Health and Community Wellness.
[1]
Editor's Note: For State Statute prohibiting smoking in street cars or buses, see N.J.S.A. 2C:33-13.
[By court order the prohibition on the business of body tattooing is unenforceable. R.O. 1966 § 17:2-24 is not continued in the Revised General Ordinances of 2000]
[R.O. 1966 § 17:2-25]
a. 
No person, either for himself/herself or as agent or representative of another person, or as an officer or agent of any corporation, or as a member of a partnership, with intent to defraud, shall make, draw, utter or deliver 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.
b. 
The making, drawing, uttering or delivering of a check, draft or order as stated in the foregoing paragraph a 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 such bank or other depository.
[1]
Editor's Note: For State Statute pertaining to uttering bad checks, for less than $200, see N.J.S. 2A:170-50.4 et seq.; and for $200 and over, see N.J.S.A. 2A:111-15.
[R.O. 1966 C.S. § 17:2-26]
a. 
It shall be unlawful for any person to drink, imbibe or consume any alcoholic beverage as defined in the Alcoholic Beverage Law (N.J.S. 33:1-1 et seq.), in any business or mercantile establishment, including but not limited to restaurants, diners, candy stores, poolrooms, amusement parlors, dancehalls, theatres, or any other place of public assemblage operated for profit, during the hours when the consumption of alcoholic beverages is prohibited on premises licensed under a plenary retail consumption license, allowing and permitting the consumption of alcoholic beverages on the premises.
b. 
It shall be unlawful for the owner, operator, or person in charge and their servants, agents and employees, of any business or mercantile establishment as defined in subsection a., to allow or permit any person to drink, imbibe or consume any alcoholic beverage as defined in the Alcoholic Beverage Law (N.J.S. 33:1-1 et seq.), in any such business or mercantile establishment, during the hours when the consumption of alcoholic beverages is prohibited on premises licensed under a plenary retail consumption license, allowing and permitting the consumption of alcoholic beverages on the premises.
c. 
Any person who shall violate any of the provisions of this section shall be subject, upon conviction thereof, to a fine not exceeding $500 or to imprisonment for a term of not exceeding 90 days, or both such fine and imprisonment.[1]
[1]
Editor's Note: License violations punishable under N.J.S.A. 33:1-1 et seq.
[R.O. 1966 C.S. § 17:2-27; Ord. 6 S+FC, 6-18-2003 § 1]
a. 
Definitions. As used in this section:
PARADE
Shall mean any parade, march, ceremony, show, exhibition, pageant, assembly or procession of any kind, or any similar display, in or upon any street or sidewalk.
b. 
Exceptions. This section shall not apply to:
1. 
Funeral processions for the actual burial of the dead.
2. 
Religious processions.
c. 
Starting Time on Sunday. No person shall engage in, participate in, aid or start any parade on Sunday earlier than 1:00 in the afternoon.
This section shall not be construed to prevent any person from setting up equipment, assembling or making preparations for the parade before it starts out along its line of march.
[Ord. 6 S+FD, 2-19-1986]
The use of headphones and earphones by bicyclists and operators of motorized or self-propelled vehicles is prohibited while the persons are using municipal streets and County roads in the City of Newark, County of Essex, State of New Jersey. The provisions of this section shall not apply to:
a. 
Law enforcement and fire-fighting personnel when on duty.
b. 
Any person engaged in the operation of either special construction equipment or equipment for the use in the maintenance of any highway.
c. 
Any person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.
d. 
Any person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to attenuate injurious noise levels. Such custom plugs or molds shall be designed in such a manner as not to inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or horn from another vehicle.
e. 
All employees and agents of companies or proprietorships that are controlled by the Public Utilities Board of the State of New Jersey engaged in the performance of their duties.
[Added 5-5-2021 by Ord. No. 6PSF-C, 05-05-2021]
a. 
The City of Newark, acting by and through its Municipal Council, hereby makes the following findings:
1. 
The City of Newark has a duty to protect the rights of all people to exercise their First Amendment rights safely. The City of Newark has a compelling governmental interest in imposing certain reasonable time, place and manner regulations whenever potential First Amendment activities such as begging, solicitation and panhandling occur on streets, highways, sidewalks, walkways, plazas, and other public venues within the city.
2. 
This section is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, and protest or engage in constitutionally protected activities. The provisions of this section are expressly established to most narrowly tailor any such restrictions to protect the First Amendment rights of all people within the city as well as the rights of non-participating people and their property, and to ensure the rights and safety of all people and/or property to the fullest extent possible.
3. 
Persons approached by individuals asking for money, objects or other things of any value are particularly vulnerable to real, apparent or perceived coercion when such request is accompanied by or immediately followed or preceded with aggressive behavior such as:
(a) 
Continuing to beg or solicit from a person after the person has given a negative response or has ignored such solicitation;
(b) 
Touching another person or their property in the course of begging or soliciting without that person's consent;
(c) 
Blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means;
(d) 
Using violent or threatening gestures that are likely to provoke an immediate violent reaction from the person who is the subject of the solicitation or request for money;
(e) 
Closely following behind, ahead or alongside a person who has been solicited or asked for money after that person has given a negative response to such solicitation;
(f) 
Using profane, threatening, or abusive language, either during the solicitation or begging or following a refusal;
(g) 
Begging or soliciting money from anyone who is waiting in line for tickets, entering a public building or riding on public transportation;
(h) 
Begging or soliciting in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear imminent bodily harm, danger or damage to or loss of property or otherwise to be intimidated into giving money or any other thing of value; or
(i) 
Begging or soliciting in a group of two or more persons in an intimidating fashion.
4. 
The City desires to respect an individual's potential right to solicit, beg or panhandle while simultaneously protecting other's right to not be coerced.
5. 
The City further finds that aggressive soliciting, begging or panhandling of persons within 25 feet of any outdoor seating area of any cafe, restaurant or other business, bank, automated teller machine, automated teller machine facility, check cashing business, mass transportation facility, mass transportation stop, or pay telephone also subjects people being solicited to improper and undue influence and/or fear and should not be allowed.
6. 
Persons approaching other individuals in an aggressive manner asking for money, objects or other things of any value after dark in public places inspire alarm and fear, which coupled with the inherent difficulty of establishing identity, should not be allowed.
[Added 5-5-2021 by Ord. No. 6PSF-C, 05-05-2021]
The public purpose of this section is to protect the rights of all people to exercise their First Amendment rights as well as the people and/or property of those who chose not to participate.
[Amended 5-5-2021 by Ord. No. 6PSF-C, 05-05-2021]
As used in this section, the following words and terms shall have the meanings indicated. The meaning of all other terms and words not specifically defined shall be their generally accepted definition:
AGGRESSIVE MANNER
Shall mean:
a. 
Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to (i) fear bodily harm to oneself or to another, damage to or loss of property; or (ii) otherwise be intimidated into giving money or other thing of value;
b. 
Continuing to solicit from a person after the person has given a negative response to or ignored such soliciting;
c. 
Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including but not limited to unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
d. 
Using violent or threatening language and/or gestures toward a person solicited;
e. 
Intentionally touching or causing physical contact with another person or his or her property without that person's consent in the course of soliciting;
f. 
Using violent or threatening language, language and/or gestures toward a person solicited;
g. 
Following the person being solicited, with the intent of asking that person for money or other things of value;
h. 
Soliciting money from anyone who is stationary, such as waiting in line for tickets, for entry to a building or for any other purpose;
i. 
Soliciting in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear immediate bodily harm, danger or damage to or loss of property or otherwise be intimidated into giving money or any other thing of value;
j. 
Begging in a group of two or more persons in an intimidating fashion;
k. 
Soliciting any person within twenty-five (25) feet of the entrance to, or parking area of, any bank, automated teller machine, automated teller machine facility, check cashing business, mass transportation facility, mass transportation stop, public restroom, pay telephone or theatre or place of public assembly, or of any outdoor seating area of any cafe, restaurant or other business; or
l. 
Soliciting any person in public after dark, which shall mean the time from one-half hour before sunset to one-half hour after sunrise.
AUTOMATED TELLER MACHINE
Shall mean a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY
Shall mean the area comprised of one (1) or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
BANK
Shall mean any banking corporation as defined in State Statutes.
CHECK CASHING BUSINESS
Shall mean any person duly licensed by the Superintendent of Banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of Article 9-A of the banking law.
PUBLIC PLACE
Shall mean a place to which the public or a substantial group of persons has access and includes, but is not limited to, any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
[Amended 5-5-2021 by Ord. No. 6PSF-C, 05-05-2021]
It shall be unlawful for any person to beg, panhandle or solicit any other person in an aggressive manner. Any police officer observing any person violating this provision may request or order such person to cease and desist such behavior and may issue a summons to such person if the person fails to comply with such request or order.
[Amended 5-5-2021 by Ord. No. 6PSF-C, 05-05-2021]
Any person who violates any provisions of this section shall, upon conviction thereof, be punished by a fine not less than $25 and not exceeding $500 or a period of community service not exceeding ninety (90) days, or both.
[Ord. 6 S+FI, 5-16-2007 § 1; Ord. 6PSF-A(S), 1-7-2016]
a. 
It shall be unlawful for any person to kindle, build, maintain or use a fire upon any land or property within the jurisdiction of the City of Newark, except as follows:
1. 
Outdoor picnic and barbecue fires on residential property in equipment with a total grate area not exceeding 10 square feet and designed to use charcoal and wood or equipped with gas burners;
2. 
Outdoor noncommercial picnic and barbecue fires in equipment provided by and located in City parks where such fires are permitted by the appropriate City agencies;
3. 
Official fires used for training of fire brigades or similar purposes by persons or corporations requiring such training, but only with the approval of the Fire Commissioner and the Commissioner of the Department of Environmental Protection;
4. 
Outdoor fires used in conjunction with tar kettles, solid fuel salamanders, asphalt and snow melting equipment and open natural gas fired infrared heaters of capacity less than 150,000 BTU/hr;
5. 
Fires used for special effects for the purpose of television, motion picture, theatrical and for other entertainment productions, but only with the approval of the Division of Fire.
b. 
Any person who violates any provision of this section, shall upon conviction thereof, be punished by a fine of not less than $25 and not to exceed $125.
c. 
In addition to the penalties proscribed under section b of this section, any person who refuses the command of any public official charged with enforcing the law, to extinguish an open flame, shall upon conviction thereof, be punished by a fine of not less than $200, or by imprisonment not exceeding 30 days, or by both, and for a second offense, by a fine of not less than $500, or by imprisonment not exceeding 60 days.
[Ord. 6 S+FH, 5-16-2007 § 1]
a. 
It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery, or other public area within the City of Newark, or upon any private property in open view of the public, or in the halls, rooms without restroom facilities, stairways or elevators of public or commercial buildings or to expose his/her genitals in public view or in an area to which the public is invited or has access. Use of proper lavatory, toilet or similar facility is required.
b. 
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not less than $25 and not to exceed $125 or to a period of community service not to exceed 30 days or both.