Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of East Rutherford, NJ
Bergen 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
[Adopted 1-1-1982 as Sec. 3-16 of the 1982 Recodification]
As used in this article, the following terms shall have the meanings indicated:
DISORDERLY ASSEMBLAGE
Any two or more persons gathered together and acting in a boisterous, offensive or threatening manner toward each other or others or committing an act or acts which are a breach of the peace or which tend to create a breach of peace.
DISORDERLY HOUSE
Any structure or any part thereof which is used for gambling or is frequented by gamblers, prostitutes, vagrants or persons violating the law or in which the law is habitually violated.
HOUSE OF ILL FAME
Any structure or any part thereof in which prostitution, lewdness or other immoral or unlawful sexual acts are permitted.
JUDGE
Any Justice of the Peace, Recorder or other officer vested with jurisdiction to hear complaints or violations of the criminal laws of the state or ordinances of the Borough of East Rutherford and to either hold the person so charged for action of the grand jury or to hear and determine the complaint and to impose penalties for the violation of any of the ordinances of the Borough of East Rutherford or the laws of the State of New Jersey.
JUDGE'S COURT
Any proceeding before a Judge as defined above.
VAGRANT
A person without visible means of support who is idle and though able to work for his maintenance refuses to do so, but lives without labor or on the charity of others.
A. 
The several acts and offenses hereinafter set forth are hereby prohibited within the limits of the Borough of East Rutherford, and any person, his agent, servant or representative, offending against any of them shall be deemed a disorderly person.
(1) 
Disturbing the quiet of the Borough or of any lawful assemblage of persons of any neighborhood, family or person:
(a) 
By any loud or unnecessary noise or any noise in violation of Chapter 199, Noise.
(b) 
By using any profane or indecent language.
(c) 
By any indecent or immoral conduct whatever.
(d) 
By quarreling, assaulting or fighting or otherwise disturbing the public peace.
(2) 
Throwing stones, sticks or any hard or offensive substances into or in any street or public place or quasi-public place or into any cars, vehicles, houses or structures.
(3) 
Firing or discharging any pistol, gun, air gun or fowling piece or any kind of firearm or cannon or shooting any firearm or weapon whatsoever or discharging or exploding fireworks, except when expressly permitted by law.
(4) 
Knowingly causing a false alarm of fire.[1]
[1]
Editor's Note: See also Ch. 92, Alarms.
(5) 
Making loud or indecent remarks or comments upon any person passing upon any street or public place.
(6) 
Obstructing or interfering with any person or persons being in or upon any street or public or quasi-public place.
(7) 
Riding a bicycle or motor vehicle upon the sidewalk.[2]
[2]
Editor's Note: See also Ch. 109, Bicycles and Mopeds; and Ch. 285, Vehicles and Traffic.
(8) 
Injuring any of the streetlights, poles or fixtures lawfully in any street or public place or placing, posting or maintaining of signs, posters and advertisements (except legal notices and signs denoting the names of streets, avenues and public places), whether written, printed or painted, on any trees, telegraph, electric light and electric railway poles or poles or fixtures of any nature on any public highway, street or place.
(9) 
Bathing, washing or swimming at any time when naked or insufficiently clothed in any brook, lake, river or pond.
(10) 
Maintaining or aiding, assisting or abetting in the maintenance of a disorderly house.
(11) 
Maintaining or aiding, assisting or abetting in the maintenance of a house of ill fame.
(12) 
Interfering with the proceedings of a Judge's Court or the Mayor and Council or any public hearing of any other public board or body of the Borough of East Rutherford or using any offensive or abusive language to any Judge or the Mayor or members of the Council or the presiding officer of members of such public board or body, while holding any public proceedings as aforesaid.
(13) 
Engaging in a fight or personal encounter or using or attempting to use physical violence to another.
(14) 
Taking part in or aiding, assisting or abetting a disorderly assemblage.
(15) 
Conducting, taking part in or aiding or abetting any cockfight, dogfight or any unlawful prizefight or boxing contest.
(16) 
Injuring, defacing or mutilating any fire alarm box or system or any part thereof or of any apparatus or appurtenances connected therewith.
(17) 
Expectorating upon any street or part thereof, sidewalk or upon the sides, walls, floors or platforms of any building, car, cab, bus or other public vehicle.
(18) 
Playing any hand organ, street organ, hurdy gurdy or other musical instruments in any of the streets or public places after the hour of 9:00 p.m. in the evening without the permission of the Borough Council.
(19) 
Disturbing, strewing about or placing in any public street, areaway or any yard or upon the steps or porch of any public building or causing to be distributed, strewn about or placed any papers, circulars, cards or pamphlets without the permission of the Mayor and Council, except such matter as may be ordered or subscribed for by the occupants of the premises.[3]
[3]
Editor's Note: See also Ch. 89, Advertising Material.
(20) 
Sweeping, casting, throwing or depositing or causing to be swept, cast, thrown or deposited upon any public street or sidewalk or any other public place any glass, paper, rags, straw, wood, boxes or other rubbish.[4]
[4]
Editor's Note: See also Ch. 185, Littering.
(21) 
Depositing upon the surface of any road bordering upon any street, lane or alley any rubbish or matter likely to decompose or be blown about by the wind or using any such substance to fill in or raise the surface or level of ground unless a written permit is obtained from the Mayor and Council.
(22) 
Intentionally obstructing or hindering any Borough official or member of the Police or Fire Department in the performance of his duty or willfully refusing or neglecting to assist when lawfully required to do so in the execution of any process or in the suppression of a breach of discharge of his duty.
(23) 
Willfully breaking down or injuring any fence or enclosure belonging to or in the possession of any person or carrying away any portion of such fence or enclosure without the owner's consent.
(24) 
Obstructing the free passage of pedestrians by loitering or assembling on the streets or on the sidewalks or in front of any public or private building or church or place where religious services are held or interfere with or annoy, in any way whatever, persons going to or returning from any place where religious or other services have been held.[5]
[5]
Editor's Note: See also Ch. 188, Loitering.
(25) 
Engaging in any practice, sport or exercise having a tendency to annoy any person passing on the street, highways, alleys or sidewalks in the vicinity, or playing baseball, football or other similar games in any public street.
(26) 
Injuring, defacing or destroying or causing or assisting to be destroyed any bridge or its apparatus or any public building or property of the Borough or any other property.
(27) 
Pasting, painting or fastening any notice or advertisement upon any private wall, gate, fence, signboard or upon any rocks or structures without the consent of the owner, except when done by a public officer in the performance of his duty.
(28) 
Pasting, painting or fastening upon any curbstone, sidewalk, retaining wall, billboard or elsewhere in a public street or public place, unless with the permission of the Borough Council.
(29) 
Placing or maintaining any obstruction to navigation.
(30) 
Opening any fire hydrant in any of the public streets or public places of the Borough other than by a Borough officer or member of the Fire Department in the performance of his duties.
(31) 
Appearing in any street or public place in a state of nudity or in any indecent or lewd dress or making any indecent exposure of his or her person or being guilty of any indecent or lewd behavior.
(32) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection A(32), concerning public intoxication, was repealed 9-16-2008 by Ord. No. 2008-10.
(33) 
Exhibiting, selling or offering for sale or distributing any obscene book, picture or thing or exhibiting or performing obscene, lewd plays or other representation.[7]
[7]
Editor's Note: See also Ch. 141, Entertainment Establishments, and Ch. 205, Obscenity and Pornography.
(34) 
Unnecessarily or cruelly beating any animal.
(35) 
Ringing any bell or bells, blowing any horn or making any public outcry, at or for any public sale, auction or vendor or to attract any attention to or gain passengers for any cab, hack, bus or other vehicle in any public street or place.
(36) 
Making or permitting the making of any disturbing noise such as emitted by phonographs, radios, pianos and other similar sound-producing instruments so as to be diffuse to the annoyance of any citizen or person.[8]
[8]
Editor's Note: See also Ch. 199, Noise.
(37) 
Loading or unloading any matter or thing at night if the loading or unloading cannot be done without the production of disturbing noises or unnecessarily causing or permitting blowing steam or factory whistles or the operation of stationary combustion engines without suitable or sufficient mufflers or the emission of steam or other gases if said emission cannot be done without the production of disturbing noises.
(38) 
Making or permitting the making of any disturbing noises after having been given notice to desist from so doing by the Borough Council or Police Department.
(39) 
Participation in the consumption of alcoholic beverages in any public street, public conveyance or common hallway or entrance in the Borough.
(40) 
Participation in the consumption of any alcoholic beverages in any park or in any recreation area within the Borough.
(41) 
Operating or parking a motor vehicle within the confines of any park or recreational facility (as defined in § 210-2 of the Code) except as otherwise may be permitted by law.
[Added 7-17-2012 by Ord. No. 2012-09]
(42) 
Participating in the consumption of alcoholic beverages on private property without the consent of the owner or lawful occupant of that property.
[Added 1-1-2016 by Ord. No. 2015-32]
[Added 11-19-1996 by Ord. No. 96-35]
A. 
Any person violating any provision of § 214-2A(1) of this article shall, upon conviction of or upon entry of a guilty plea, be subject to the following penalty:
(1) 
First offense: $150.
(2) 
Second offense: $300.
(3) 
Third and any subsequent offense: $500.
B. 
Except as provided in § 214-3A, any person violating any provision of § 214-2 shall, upon conviction, be subject to one or more of the following penalties:
[Amended 6-15-2010 by Ord. No. 2010-14]
(1) 
A fine not to exceed $2,000;
(2) 
A period of community service not to exceed 90 days;
(3) 
Imprisonment in the county jail for a term not to exceed 90 days.