[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Franklin 9-23-2025 by Ord. No. 17-2025. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 101, Buildings, Numbering of, adopted 8-13-1991 by Ord. No. 18-91, was repealed 5-28-2019 by Ord. No. 07-2019.
As used in this chapter, the following terms shall have the meanings indicated:
AVAILABLE INDOOR HOUSING
For purposes of this chapter, available indoor housing means an emergency shelter bed or other habitable indoor housing that is actually available at the time (with any needed transport provided) to the person who is camping in and/or obstructing a public area: (a) in the Borough of Franklin or Sussex County; or (b) another county in New Jersey where the person has applied for assistance and has immediate access to available indoor housing.
CAMPING
For purposes of this chapter, camping means the act of occupying a location outdoors for habitation as evidenced by, including but not limited to, one or more of the following actions: the erection or use of tents, tarps, or other shelters; the laying down of sleeping bags, blankets, pillows, or other items used for bedding; the placing or storing of personal belongings; the act of cooking or making a fire.
OBSTRUCTING
For purposes of this chapter, obstructing includes personal property blocking or otherwise impeding use of the public area and/or storing personal property in a public area.
PERSONAL PROPERTY
For purposes of this chapter, personal property means tents, tarps, shelters, sleeping bags, blankets, pillows, merchandise, wares, cases, boxes, or barrels other, and other items used for bedding or storage or other personal belongings of a person in violation of this chapter located in a public area.
PUBLIC AREA
For purposes of this chapter, public area means any and all areas open to the public including, but not limited to, Borough streets, sidewalks, promenades, alleyways, rights-of-way, parks, benches, parking lots, athletic fields, bus shelters, tennis, and paddle courts.
A. 
No person will be permitted to engage in camping in any public area or portion thereof at any time.
B. 
No person will be permitted to engage in obstructing any public area or portion thereof with personal property at any time.
C. 
Nothing in Chapter 102 shall apply to or prosecute a person: (i) participating in or patronizing farmer's markets, sidewalk sales, Borough functions, or special events for which a permit has been lawfully issued; (ii) in the act of transit or delivery for such time and in such manner as may be reasonably necessary for such purposes; or (iii) a person who has no available indoor housing (only until such time as that person has available indoor housing).
A. 
The Borough of Franklin Police Department or other authorized representative, may immediately, without any prior notice, remove and dispose of any illegal firearms, weapons, explosives, or other personal property that poses a clear and imminent danger to public safety.
B. 
The Borough of Franklin Police Department may also immediately, without any prior notice, arrest and/or charge any person who engages in any criminal conduct that poses a clear and immediate threat to public safety (including, but not limited to, terroristic threats, criminal mischief, lewdness, or assault in violation of Title 2C of the New Jersey Code).
C. 
In addition, if personal property in a public area does not pose a clear and imminent danger to public safety, the Borough of Franklin Police Department, shall provide written and oral notice to any person whom a law enforcement officer believes to be in violation of any section of this chapter instructing them to remove any personal property from the public areas so that it does not remain in any public area as defined herein within 24 hours after which the Borough may remove any such personal property. Any such removed personal property shall be stored by the Borough for the applicable time frame in accordance with state laws.
A. 
Under New Jersey law, including the court passing any judgment on any alleged violation of any section of this chapter has discretion to consider any mitigating or aggravating circumstances when determining what penalties if any to impose for violation of this ordinance beyond the minimum fine set forth in Subsection C below.
B. 
When appropriate, prior to providing its disposition on any alleged violation of any section of this chapter, the court shall offer court-ordered participation with social work professionals and/or behavioral health treatment as an alternative to the penalties set forth in Subsection C below and, if the offer is accepted, the court may issue an order to that effect. Violation of any such order will result in a penalty set by the court as described in Subsection C below.
C. 
A violation of the provisions of any section of this chapter will, upon a plea of guilty or conviction thereof, be punishable by a fine not exceeding the sum of $500 and/or imprisonment and/or community service for a term not to exceed 30 days.
D. 
No person shall be arrested, prosecuted, or convicted under any section of this chapter if that person has no available indoor housing at the time; provided however, all persons shall remain subject to being charged, arrested, prosecuted, and/or convicted for any criminal conduct in violation of Title 2C of the New Jersey Code. A person shall not be deemed to be engaged in camping in violation of this chapter if they are actively working with any governmental entity or nonprofit organization to seek available indoor housing; notwithstanding, this exception shall not apply if at least temporary available indoor housing is immediately available.
E. 
If a law enforcement officer has reason to believe, under N.J.S.A. 30:4-27.6(a), or if a mental health screener or outpatient treatment provider has certified, under N.J.S.A. 30:4-27.6(b) or (d), that a person by reason of mental illness is "in need of involuntary commitment," as defined in N.J.S.A. 30:4-27.2(m), the person in question shall not be charged under any section of this chapter, but instead may be taken into custody and transported to a local hospital or other screening service as defined in N.J.S.A. 30:4-27.2(z). Any law enforcement officer, mental health screener, or outpatient provider that does so in good faith shall be immune from civil and criminal liability under N.J.S.A. 30:4-27.7(a).
F. 
If any person engaged in camping and/or obstructing a public area appears to be unhoused, the Franklin Borough Police Department shall contact an appropriate homelessness service provider, outreach agency, or housing coalition to seek their assistance in attempting to resolve the violation through housing in lieu of enforcement of any section of this chapter.