Borough of Oradell, NJ Peace and Good Order

No person shall, within the limits of the Borough of Oradell:

Be intoxicated or drunk or disorderly in any public omnibus, street, highway or thoroughfare or on any sidewalk or in any private house or home or in any boardinghouse, store, restaurant or other private, public or quasi-public place or house to the annoyance of any person.

(2)

Loiter on any sidewalk, street, road, avenue or other public place or in or about any public building, schoolhouse, store or any place of amusement, nor utter any loud or make offensive remarks to any person or persons in any of the places mentioned in this subsection above, or while passing along or being upon any such sidewalk, street, road, avenue or other public or private place, nor obstruct or interfere with any person or persons lawfully being upon any of the same.

(3)

Permit, make or continue or cause to be permitted, amended or continued any unnecessary noise which shall disturb the comfort, rest and repose of any person or persons being in his, her or their place of abode or at any public or private meeting or at church services; without limiting the generality of the foregoing, no person shall, within the limits of the Borough of Oradell, operate any construction, demolition, lawn maintenance or similar machinery or equipment the use of which is attended by loud or unusual noise, other than between the hours of 7:00 a.m. and one-half hour after sundown, Monday through Friday, or between the hours of 8:00 a.m. and one-half hour after sundown, on Saturdays, Sundays or New Jersey State legal holidays, except in the case of a bona fide emergency, the burden of establishing the existence of such emergency being that of such person.

[Amended 6-3-1991 by Ord. No. 980]

(4)

Ring any bell or blow any horn or make any public outcry at or for any public sale or auction or to advertise any goods, wares or merchandise for sale or to attract any attention or to gain passengers for any cab, taxicab, hack or omnibus.

(5)

Keep or harbor any dog which shall disturb the neighborhood by excessive barking, whining or howling.

(6)

Throw or discard any refuse of any kind whatsoever into the waters of any spring, pond, stream, lake, river or any other body of water or upon any public street or public place or discharge any sewage or waste into said waters or places or any of them or pollute the said waters in any manner.

(7)

Throw any paper or posters, stones, sticks, glass, metal or any hard, dangerous or offensive substance upon any sidewalk, street, highway or public or private place or at any car, vehicle, house, building, fence or person.

(8)

Appear on or in any street, road, avenue, park, vehicle or other public place in a state of nudity or make any indecent exposure of his or her person or commit or do any lewd or indecent act or behave in a lewd or indecent manner.

(9)

Sell or offer to sell any indecent picture, book or thing or exhibit or perform any indecent, immoral or lewd play or other representation.

(10)

Keep or maintain a disorderly house or a house of ill fame or allow or permit any house, shop, store or other building or structure owned or occupied by him or her to be used as a disorderly house or house of ill fame.

(11)

Solicit, invite or in any manner suggest by word of mouth or any writing or other communication or by any device whatsoever any lewd, lascivious or other immoral act.

(12)

Permit any house, shop, store or other building or structure to be frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.

(13)

Maliciously or intentionally destroy, damage or injure any property, public or private.

(14)

Enter upon or trespass upon the land or property of any other person without lawful permission so to do.

(15)

Cause or permit to be emitted any dense smoke which contains soot or other substances in sufficient quantities to permit the deposit of such soot or other substances on any surface within the limits of the borough.

(16)

Cause or permit to be emitted any vile, offensive, obnoxious or nauseating odor or any odor that may be vile, offensive, obnoxious or nauseating to any of the residents of the borough.

(17)

Remove, change, alter, obstruct, destroy, tap, shut off or interfere in any way whatsoever with any water or sewer line or any utility or any mechanical device connected thereto on any property, either public or private.

(18)

Possess, keep or maintain any faro table, roulette wheel, equipment or supplies for lottery and a numbers game or other games of chance or any pinball machine designed for gambling or other gambling device whatever.

(19)

Carry, without lawful authority, any firearm or other dangerous instrument or explosive concealed in or about his or her clothes or person or in any vehicle.

(20)

Possess, keep, sell or distribute any fireworks of any explosive nature commonly used at a fireworks display.

(21)

Have upon his or her person or in his or her possession any picklock, key, crow, jack, bit or other implement with any intent to break and enter into any building.

(22)

Go about from door to door or place himself or herself on any sidewalk, street or store or other public or private place or places to beg or gather alms.

(23)

Participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person or persons on any sidewalk, street, road, park or other public or private place or having a tendency to annoy or frighten horses or other animals.

(24)

Enter any building or any public or private lands and break, injure or deface such building or any part thereof or the fences or other property belonging to or connected with such building or lands or disturb the exercises of any public school or molest or give annoyance to children attending such school or annoy any teachers therein.

(25)

Hinder, annoy or obstruct any borough officer or employee in the performance of his duties or willfully refuse or neglect to assist any borough officer or employee, when lawfully called upon by him so to do, in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or in case of escape or when such officer or employee is resisted in the discharge of his duty; or resist or oppose any officer or person authorized by law in serving or attempting to serve any writ, bill, order or process or when making any arrest.

(26)

Unnecessarily obstruct any sidewalk, street or public place, but the provisions of this section shall not prevent persons who are building from occupying such portion of the sidewalk, street or public place designated in a permit therefor first obtained from the Building Inspector.

(27)

Hinder, prevent or deter by any device whatever any fireman or other person from rendering lawful assistance in abating or quelling a fire or hinder or interfere with any fireman going to or returning from any fire or place from which a fire alarm proceeds or hinder, obstruct or destroy any fire engine, hook and ladder truck, hose car or other fire apparatus.

(28)

Drink any alcoholic beverage while upon property owned by the Borough of Oradell without the consent of the Borough Council.

[Added 7-20-1970 by Ord. No. 557]

(a)

The term "alcoholic beverage" shall be construed to mean and include any liquor intended for human consumption containing more than 1/2 of 1% per volume of alcohol.

(b)

Alcoholic beverages may be consumed upon property owned by the Borough of Oradell upon application having been made to and written consent being given by the Borough Council.

[Added 12-20-1988 by Ord. No. 837]

(29)

Trespass on private property and surreptitiously or sneakingly invade the privacy of another by peering into the windows or other openings of dwelling places located thereon for no lawful purpose.

[Added 9-16-1980 by Ord. No. 703]

(30)

Be unable to give a good account of himself when apprehended. In any prosecution, the fact that the person apprehended cannot give a good account of himself or is engaged in an illegal occupation is prima facie evidence that he is present in this borough for an illegal purpose.

[Added 9-16-1980 by Ord. No. 703]

(31)

Possession or consumption of alcoholic beverages by persons under the legal age.

[Added 2-16-1993 by Ord. No. 975; amended 4-17-2001 by Ord. No. 1124]

(a)

Regulations.

[1]

No person shall offer or serve any alcoholic beverage to a person under legal age in any public or quasi-public place within the Borough of Oradell. No person who has ownership or control of any premises, whether public or quasi-public, or supervision of any event, shall permit, suffer or allow the consumption of an alcoholic beverage by a person under legal age in or upon any such premises or at any such event with the Borough of Oradell.

[2]

It is unlawful for any person under the legal age to consume alcohol, to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.

[3]

The prohibition contained in Subsection A(31)(a)[2] shall not prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

[4]

As used in this subsection, "guardian" means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment. "Relative" means the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

[5]

Nothing contained in this subsection shall prohibit possession of alcoholic beverages by any such underaged person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes of the State of New Jersey, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, nothing in this subsection shall be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

(b)

Violations and penalties.

[1]

Any violation of Subsection A(31)(a) shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.

[2]

In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person, any suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

[3]

If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

[4]

The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-20. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

[5]

If the person convicted under this subsection is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this subsection. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

(32)

Engage in any contracting services of any nature, or hire any individual or entity to engage in any contracting services of any nature, where such services are to be performed on Sunday. This restriction shall not apply to work being performed by a homeowner on his/her own residence, nor to work performed to effectuate emergency repairs.

[Added 9-19-2000 by Ord. No. 1113]

All other riotous, indecent or disorderly conduct, breach of the peace and vagrancy not hereinabove specifically mentioned are hereby prohibited.[1]

[1]

Editor's Note: Former Subsection C, regarding placement of garbage receptacles, added 12-15-1981 by Ord. No. 724, which immediately followed this subsection, was repealed 10-16-1990 by Ord. No. 880. For current provisions, see Ch. 190, Property Maintenance.