Egg Harbor City, NJ Article II Public Nuisances

[Adopted 8-26-2004 by Ord. No. 16-2004]

§ 202-5 Findings.

The City of Egg Harbor City hereby declares and finds that certain types of conduct, activities and/or practices are inherently detrimental to the health, welfare, and safety of the public, and that the prohibition of such specified types of conduct, activities and/or practices is necessary in order to protect the public health, welfare and safety.

§ 202-6 Unlawful acts.

It shall be unlawful and shall be a public nuisance for any person:

A. To make any indecent exposure or exhibition of any kind in or upon any street, road, highway, place, alley or lane, public or private, in the City of Egg Harbor City;

B. To expose to public view, within the City of Egg Harbor City, his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;

C. To engage, within the City of Egg Harbor City, in any practice having a tendency to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts;

D. To engage, within the City of Egg Harbor City, in any practice, while passing on the streets or sidewalks, having a tendency to annoy persons sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts;

E. To make any indecent exposure of his or her private parts or engage in any lewd or indecent act or behavior;

F. To urinate or defecate in public places or streets, or on the lawns or yards of private homes and residences, or in the public view;

G. To possess a radio, phonograph, tape or cassette player, television, musical instrument loudspeaker, or amplifier, or other machine or device for the electronic or stereophonic production or reproduction of sound that is operated on any public street, highway, building, sidewalk, park, recreation area, thoroughfare, or other public place, and any vehicle on a public street, highway or public space that disturbs the quiet enjoyment of the City of Egg Harbor City;

H. To bring, consume or possess an open container of alcoholic beverage or wine in any public place within the City of Egg Harbor City other than those public places covered by an alcoholic beverage consumption license issued pursuant to Title 33 of the New Jersey Statutes or where consumption of malt alcohol or wine is permitted by N.J.S.A. 2A:170-25.21[1]; or

[1] Editor's Note: See now N.J.S.A. 2C:33-27.

I. To set off or discharge any revolver, rifle, shotgun, pistol, gun, cannon, weapon or firearm of any description using cartridges or gunpowder for ammunition, provided that nothing contained herein shall be construed to extend to any police officer in the line of duty;

J. To possess, discharge, set off, fire or light any roman candle, carbide cannon, dynamite cap, rocket, firecracker or other fireworks within the City of Egg Harbor City;

K. To revel, quarrel, fight, brawl or otherwise engage in any disorderly conduct so as to disturb the public peace and quiet;

L. To beg or solicit food or monies within the City of Egg Harbor City;

M. To disturb a person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and order of the public. A disturbance within the scope of this subsection is the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom or in whose hearing, they are made;

N. To sleep in any parked vehicle in any location in the City of Egg Harbor City;

O. To interfere or annoy the comfort or general well-being of the inhabitants of this City of Egg Harbor City; or

P. To make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him or it, or upon any public street, alley or thoroughfare in this municipality, any unnecessary noises or sounds by means of the human voice, or by any other means or methods which are physically annoying to persons, or which are so harsh, or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of this municipality.

Q. Release of balloons. Purpose and intent. This section is adopted in order to protect the environment, particularly the wildlife, and the health, safety and well-being of persons and property by prohibiting the release of helium balloons into the atmosphere, including latex and Mylar, as it has been determined that the release of balloons inflated with lighter-than-air gases pose a danger and nuisance to the environment, particularly to wildlife and marine animals so as to constitute a public nuisance and may pose a threat to the safety of its habitants and their property. It shall be unlawful for any person, firm or corporation to intentionally release, organize the release, or intentionally cause to be released balloons inflated with a gas that is lighter than air within the City of Egg Harbor limits except for:

[Added 3-8-2018 by Ord. No. 2-2018]

(1) Balloon released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.

(2) Hot air balloons that are recovered after launching.

(3) Balloons released indoors.

§ 202-7 Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction hereof, be subject to a fine not to exceed $1,000 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the Court having jurisdiction in this matter. The Court shall have the discretion to impose a term of community service in lieu of imprisonment. Each occurrence constituting a violation of this article shall be deemed a separate offense.