[HISTORY: Adopted by the City Council of
the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 23, Secs. 23:1-1 through
23:1-5, 23:1-7 through 23:1-13, 23:1-15 and 23:1-15.1 and 23:1-22
through 23:1-27, of the 1968 Code. Amendments noted where applicable.]
It shall be unlawful for any person to knowingly
possess or consume any alcoholic beverage in any public park in the
City or to consume any alcoholic beverage on any street or in any
public place or in any motor vehicle in the City. There shall be a
rebuttable presumption against every person charged with the offense
of possession of any alcoholic beverage in a public park that he was
knowingly in possession thereof.
A.
Private property. No person shall intentionally cut,
break or otherwise destroy, deface or injure any property of another
without the permission of the owner or person responsible therefor.
B.
Public property. No person shall intentionally injure,
deface or destroy any public property.
C.
Trees, shrubs, etc. No person shall cut, root up or
otherwise injure or destroy any tree, shrub, plant or other growing
thing without the permission of the owner thereof.
No person shall keep or maintain a disorderly
house or house of ill fame or permit his house or other property to
be so used or to be frequented or resorted to by riotous or disorderly
persons or gamblers. No person shall frequent or resort to any such
house or premises when it is so maintained.
A.
It shall be unlawful for any person to use or be under
the influence of amphetamine, barbiturate, barbital, hypnotic or somnifacient
drugs, tranquilizers or any prescription legend drug which is not
a narcotic drug within the meaning of N.J.S.A. 24:21-2 for a purpose
other than the treatment of sickness or injury as prescribed or administered
by a person duly authorized by law to treat sick and injured human
beings.
[Amended 2-23-2015 by Ord. No. 7-2015]
B.
In a prosecution under this section, it shall not
be necessary for the City to prove that the accused did use or was
under the influence of any one of the afore-listed specific drugs,
but it shall be sufficient for a conviction under this section for
the City to prove that the accused did use or was under the influence
of such drug as provided herein by proving that the accused did manifest
physical and physiological symptoms or reactions caused by the use
of any such drug.
No person shall knowingly cause a false alarm
of fire, or make or cause to be made or have in his possession any
key or impression or duplicate of any key of any fire alarm or police
signal box without the permission of either the Fire or Police Commission.
[Added 9-25-2017 by Ord.
No. 32-2017]
It shall be unlawful for any person to be under the influence
of drugs or alcohol in any public park in the City or any street or
in any public place. In order to be prosecuted under this section,
the City must prove that the accused mental or physical faculties
were impaired. A manifestation of physical and physiological symptoms
or reactions caused by the use of said substance is proof of said
violation.
[1]
Editor's Note: Former § 198-6, Front yard parking,
was repealed 2-23-2015 by Ord. No. 7-2015.
A.
No person shall set up, keep, maintain or permit in
his house or premises any faro table, faro bank, roulette or other
device or game of chance or hazard for the purpose of gambling. No
person shall frequent or resort to any such house or premises when
it is so maintained.
B.
No person shall deal, play or engage in faro, roulette
or any other device or game of chance, or buy or sell what is commonly
known as a pool or any interest or share in any such pool, or shall
take what is commonly known as a "book" upon the racing, pacing or
trotting of any horse, mare, gelding or other animal or any game,
racing or contest, or have in his possession any ticket, slips or
other writing of an interest or share or showing or indicating an
interest, share, bet or pledge in any pool, lottery, racing contest
or other game of chance, or shall keep or attend a place to which
persons may resort for engaging in any such acts or for betting upon
the event of any horse race or other race or contest or for gambling
in any form, and no person shall aid, abet, assist or participate
in any such pool, lottery, race or other contest or game of chance.
A.
No person shall discharge or hurl any shot, bullet
or other missile of any kind from any pistol, gun, air gun or slingshot,
except for the protection of life or property.
B.
No person shall, without permit by the Mayor, fire
or discharge any firearm of any description, provided that the provisions
of this section shall not apply to members of the Police Department
or to any regular military organization while in the discharge of
their duty.
A.
No person shall appear on any street or public place in a state of
nudity or cause any indecent or lewd exposure whatever, or be guilty
of any lewdness or indecent act or behavior, or exhibit, sell or offer
to sell or publish any obscene performance, picture, book or writing.
[Amended 6-24-2019 by Ord. No. 20-2019]
B.
No person shall place, mark, post, draw or cause to
be placed, posted, marked or drawn upon any fence, billboard, building,
door, wall, pavement or other surface exposed to public view any obscene
word, writing, picture, representation or drawing.
C.
The word "obscene," wherever it appears in this section,
shall mean that which to the average person, applying contemporary
community standards, when considered as a whole, has as its dominant
theme or purpose an appeal to prurient interests.
No person shall detain or fail to return any
book or article borrowed from the public library of the City or any
branch thereof contrary to the rules and regulations of the library
after 30 days has elapsed from the date of posting, by certified mail,
return receipt requested, of a notice demanding return thereof, addressed
to such person at the last address furnished to the library or branch.
No person shall willfully or maliciously cut,
tear, deface, disfigure, damage or destroy any book or other article
or any part thereof which is owned by or is in the custody of any
public library of the City or branch thereof.
No person, with intent to defraud, shall register
or furnish a false name or address or use any card other than the
one issued to such person for the purpose of borrowing any book or
other article from the public library of the City or any branch thereof.
No person shall distribute, cast, deposit, place,
leave or cause to be distributed, cast, deposited, placed or left
in any public street, highway or public place or in or upon any stoop,
vestibule, areaway, house or premises any medicine, medicinal preparation
or any sample thereof, provided that nothing contained in this section
shall be held to forbid the delivery of any such article mentioned
in this section at the request, expressed or implied, of the owner
or occupant of any such premises.
Any person who knowingly misrepresents any material
fact on any application for a permit or license or on any other paper
or document submitted to the City or any of its agencies pursuant
to any state law, City ordinance or any regulation issued by the state
or City, to induce any official action or dissuade officials from
taking any steps to enforce any law, ordinance, regulation or order,
shall be in violation of this chapter.
It shall be unlawful for any person to resist,
oppose, obstruct or hinder any City officer or employee or any police
or other peace officer in the performance of his duty or refuse or
neglect to assist any such officer in the discharge of his duty when
lawfully required by such officer to do so.
No person shall engage in any street in any
practice, sport or exercise other than as may be required to traverse
the same in accordance with traffic regulations.
The Mayor shall have power, with the consent
of the City Council, to offer such reward, not exceeding $3,000, as
he shall deem suitable for securing the conviction of any person who
has committed any crime within the City or violated any provision
of this chapter or other ordinance of the City.
No person shall throw any stone, stick, glass
or any dangerous, injurious or offensive substance in or into any
public place or at any car, vehicle, house, building, fence or at
any person.
It shall be unlawful for any person to dump,
throw, discharge or otherwise place any junk, ashes, garbage, debris
or other waste matter into any natural watercourse located within
the City.
No person shall bathe or swim in any pond, river,
brook or stream within the City.
[Added 2-28-1972 by Ord. No. 8-1972]
A.
No person shall park, stop or stand a motor vehicle
upon any private parking lot, parking area, driveway or any private
property without proper authority of the owner thereof.
B.
Any unoccupied motor vehicle parked, stopped or standing
on a private parking lot, parking area, driveway or any private property
in violation of this section shall be deemed a trespass. The owner
of said premises may provide for the removal of such motor vehicle,
and the costs of said removal and storage shall be borne by the owner
of said vehicle.
C.
The uniform traffic summons shall be used as the complaint
form for this violation. The owner or his designated agent shall sign
that portion of the summons as the complainant. A police officer shall
countersign as witness.
[Added 9-8-1975 by Ord. No. 61-1975]
A.
No person while operating a motor vehicle shall pass
over and enter into Parking Authority parking lots operated by mechanical
gates without having impliedly by that act agreed to pay such fees,
rates or charges for parking as may have been set by said Parking
Authority. Payment of such fees, rates or charges shall be made upon
egress from said Parking Authority lot.
B.
Refusal or failure of such person to make payment
of such fees, rates or charges aforesaid shall constitute a violation,
and the uniform traffic summons shall be used as the complaint form
for this violation. The Parking Authority or its designated agent
shall sign that portion of the summons as the complainant. A police
officer shall countersign as witness.
[Added 4-27-1970 by Ord. No. 23-1970]
No person under the age of 16 years shall frequent
any poolroom, nor shall the operator thereof permit any such minor
to use any pool table, whether mechanical or not, unless such minor
is accompanied by at least one parent or grandparent. No pool table,
whether or not mechanical, shall be permitted or allowed in and about
any premises authorized to dispense alcoholic beverages either for
consumption upon such premises or otherwise.
[Added 5-23-1977 by Ord. No. 25-1977]
The damaging, vandalizing, defacing or stealing
of or in any way tampering with fire protection equipment, including
but not limited to fire escapes, fire doors, exit signs, standpipe,
sprinkler system equipment, fire extinguishers and smoke detectors,
is hereby prohibited.
[Added 4-12-2021 by Ord. No. 11-2021]
A.
All persons
shall be prohibited from inhabiting, using or remaining in or upon
any park, recreation area, playground, building or public property
owned or operated, directly or indirectly, or subsidized by the City
of East Orange or the Department of Public Works of the City of East
Orange or the Recreation Program of the City of East Orange from one
hour before dusk until one hour after dawn.
B.
As fully
authorized under law, the City of East Orange Police Department shall
enforce within the City of East Orange all provisions in the New Jersey
Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq., that preserve public
peace and good order, including, but not limited to, the offenses
of defiant trespass, N.J.S.A. 2C:18-3b; loitering for the purpose
of illegally using, possessing or selling controlled substances, N.J.S.A.
2C:33-2.1; and loitering for the purpose of engaging in prostitution,
N.J.S.A. 2C:34-1.1, as each such offense is defined, described, prohibited
and penalized under the New Jersey Code of Criminal Justice.
[1]
Editor's Note: Former § 198-25, Mobile telephones,
added 11-24-2003 by Ord. No. 22-2003, was repealed 2-23-2015 by Ord. No. 7-2015.
[Amended 2-23-2015 by Ord. No. 7-2015; 4-12-2021 by Ord. No. 11-2021]
[Added 12-15-2003 by Ord. No. 26-2003]
A.
Persons to be held in protective custody. Any person
who is arrested by the East Orange Police Department for a violation
of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate
police or other facility where such person's condition may be monitored
until the person is no longer a danger to himself or to others.
B.
Duration of protective custody.
(1)
Any person so arrested shall be released from protective
custody when his or her blood alcohol concentration is less than 0.05%
and the person is no longer under the influence of any intoxicating
liquor, narcotic, hallucinogenic or habit-forming drug to the extent
that the person's facilities are impaired.
(2)
In no event shall a person being held in protective
custody pursuant to this section be held for a period longer than
eight hours without being provided an appropriate hearing by the East
Orange Municipal Court.
C.
Release due to age, health or safety.
(1)
Notwithstanding any other provision of this section,
provided that it is not a detriment to public safety, if a person's
age, health or safety so warrants, the East Orange Police Department
may, pursuant to N.J.S.A. 39:4-50.22 et seq.:
(2)
The City of East Orange shall not be subject to liability
if a person is released from custody pursuant to the provisions of
this subsection.
D.
Nothing in this section shall be construed as requiring
the use of State Police facilities by the City of East Orange for
the purposes of this section.
