[Adopted 8-4-2021 by Ord. No. 14/21]
WHEREAS, the Town of West New York (the "Town") is a municipality
as defined by Title 40 of the New Jersey Statutes; and
WHEREAS, in 2020, The Town of West New York received an overwhelming
amount of noise complaints, and other quality of life and safety complaints
arising from the use of pyrotechnics both lawful and unlawful within
the Town at all hours of the day and night often in a manner that
would cause annoyance, alarm and injury to persons and the dangers
of fires and explosions to property and obstruction of the public
rights of way; and
WHEREAS, pursuant to N.J.S.A. 40:48-1, a municipality may make,
amend, repeal and enforce ordinances not contrary to the laws of this
state or of the United States, to preserve the public peace and order
and disorderly assemblages and prevent disturbing noises and the annoyance
of persons in the public streets and protect property from fires,
explosions or other dangers; and
WHEREAS, the dangers, disturbances and annoyances that may arise
due to the improper and/or illegal denotation of pyrotechnic devices,
both legal and illegal, within the Town is made all the more acute
as the Town is densely populated with residents living in close proximity
to each other; and
WHEREAS, furthermore, pursuant to N.J.S.A. 40:48-2, a municipality
may make, amend, repeal and enforce ordinances not contrary to the
laws of this state or of the United States, as it may deem necessary
and proper for order and protection of persons and property, and for
the preservation of the public health, safety and welfare of the municipality
and its inhabitants; and
WHEREAS, pursuant to N.J.S.A. 40:61-1 a municipality may by
ordinance make and enforce rules and regulations for the government,
use and policing of all such public parks, open spaces, playgrounds,
beaches, water fronts and places for public resort and recreation
and to provide penalties for violations thereof; and
WHEREAS, the Board of Commissioners has determined that it must
act to preserve the public peace and order and prevent disturbing
noises and the annoyance of persons in the public streets and parks
and protect property from fires, explosions or other dangers in the
manner set forth in this ordinance; and
WHEREAS, the Board of Commissioners has determined that the
regulations set forth in this ordinance comply with the provisions
of N.J.S.A. 21:3-2, in that they are not intended to regulate the
sale or use of sparkling devices and novelties, but are instead intended
to prevent the improper use thereof, and prevent disturbing noises,
and the annoyance of persons in the public streets and parks, protects
persons from injuries, and protect property from fires, explosions
or other dangers in the manner set forth in this ordinance, powers
that necessarily remain reserved to municipalities under N.J.S.A.
21:3-2:
It shall be unlawful to utilize sparkling devices and novelties
as defined in N.J.S.A. 21:2-2 et seq. in any public park or recreation
area.
