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.
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; or
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.
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.