[Ord. No. 94-5]
The Mayor and Council have determined and found that public gambling is unlawful and is a nuisance and that public gambling is offensive and annoying to the residents of the Borough and that, in some instances, it improperly blocks or impedes pedestrian traffic. The purpose of this article is to prohibit public gambling in order to eliminate the nuisance created thereby in the interest of maintaining the public health, safety and welfare in public and quasi-public places.
[Ord. No. 94-5]
As used in this article, the following terms shall have the meanings indicated:
CONTEST OF CHANCE
A contest, game, gaming scheme, or gaming device in which the outcome depends to a material degree upon an element of chance, notwithstanding that the skill of the contestants may also be a factor.
GAMBLING
Shall occur when a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. The intrinsic nature of gambling is the payment of a price for a chance to obtain that which one seeks but which one could not obtain unless the element of chance were present and unless one had paid a price for the availability of the chance.
"Gambling" shall not include contests of chance permitted by a duly issued State or local license or permit.
[Ord. No. 94-5]
No person shall engage in gambling within the Borough in any public or quasi-public place, including but not limited to any public street, alley, sidewalk, park, playground, public conveyance, parking facility or in any municipal building. Such public gambling is unlawful and is deemed a public nuisance and is specifically prohibited. For the purposes of this article, the term "public or quasi-public place" shall include but not be limited to public areas of public housing developments within the Borough, which shall include all areas except rooms of the leased dwelling units as specified in any Housing Authority lease. Public areas of public housing developments shall also include but not be limited to porches, patios, stairwells and stairways.
[Ord. No. 94-5; Ord. No. 1997-1]
A. 
Any person violating any provision of this article shall, upon conviction, be liable to the penalty as stated in Chapter 1, Article 1-5.
B. 
Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
C. 
Any violation of this article is hereby declared to be a nuisance. In addition to any other relief provided by this article, the Borough, through the Borough Attorney, may apply to the Superior Court for an injunction to prohibit the continuation or repetition of any violation of this article.