City of Passaic, NJ
Passaic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic 12-22-2010 by Ord. No. 1856-10. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 70.
Alcoholic beverages — See Ch. 75.
Curfew — See Ch. 113.
Dogs and other animals — See Ch. 117.
Entertainment — See Ch. 129.
Graffiti — See Ch. 161.
Noise — See Ch. 193.
[1]
Editor's Note: Former Ch. 207, Peace and Good Order, adopted 12-4-1975 by Ord. No. 320-75, as amended, was repealed 11-25-2008 by Ord. No. 1788-08.
No person shall urinate or defecate upon any street, highway, road, alley, sidewalk, public place, except in designated restrooms, or outdoors upon any private property without the consent of the property owner or lawful occupant. It shall likewise be unlawful for any person to urinate or defecate so as to be observed by another person.
No person shall drink, consume or cause to be consumed any alcoholic beverage; or have in his or her possession any unsealed alcoholic beverage container with any alcoholic beverage therein upon public street, sidewalk, right-of-way, avenue, pathway, park, playground, recreation area or any other public place or upon any land owned or occupied by the City of Passaic or upon outdoor facilities owned or operated by the City of Passaic. Nothing in this section shall be construed to prevent or prohibit the otherwise lawful consumption of alcoholic beverages at a block party for which a permit has been granted by the City of Passaic.
No person shall disrobe in any automobile, truck or other vehicle while the same is upon any public street, park or other public place or upon any private property that is in plain view of any public street, park or other public place so as to expose human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola.
[Added 9-10-2013 by Ord. No. 1951-13]
No person shall intentionally or willfully engage in conduct which interferes with, obstructs or otherwise unlawfully disrupts the lawful activities of any commercial or retail establishment or place of business.
The purpose of this article is to regulate, within the confines of state law, the public display by retailers of obscene materials where such materials are likely to be viewed by minors. It is not the intent of this article to regulate any business included under Chapter 70, Adult Entertainment, which does not permit a minor under the age of 18 years of age to be on the premises at any time.
As used in this chapter, the following terms shall have the meanings indicated herein:
KNOWINGLY
Having knowledge of the character and content of the material described herein, or having failed to exercise reasonable inspection which would disclose its character and content.
OBSCENE MATERIAL
Any description, narrative account, display or depiction of a specified anatomical area, or specified sexual activity, contained in or consisting of a picture or other representation, publication, sound recording, live performance, film or language which, by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity depicted or described.
RETAILER
Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other materials, including clothing, at retail containing pictures, drawings or photographs.
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
B. 
Human male genitalia in a discernibly turgid state, even if covered.
A. 
Human genitals in a state of sexual stimulation or arousal; or
B. 
Any act of human masturbation, sexual intercourse or sodomy; or
C. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breasts.
A. 
No retailer shall knowingly display or permit to be displayed at her or his business premises any obscene materials, as defined herein, at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed.
B. 
Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display.