[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.