[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 12-15-1971 by Ord. No. 631R as Ch. 63 of the 1971 Code. Amendments noted where applicable]
GENERAL REFERENCES
Municipal Court — See Ch. 15.
Board of Health — See Ch. 41.
Police Department — See Ch. 67.
Alcoholic beverages — See Ch. 110.
Automatic amusements — See Ch. 114.
Drug-free zones — See Ch. 148.
Indecent exposure — See Ch. 174.
Littering — See Ch. 190.
Noise — See Ch. 204.
Pool parlors and billiard rooms — See Ch. 220.
Property maintenance — See Ch. 224.
[Amended 12-28-1999 by Ord. No. 99-25R]
It shall be unlawful for any person willfully to hinder or molest or attempt to do violence to any officer or member of the Fire Department or borough officer while in the performance of his/her duties at a fire or in going to or returning from a fire or alarm of fire.
[1]
Editor's Note: See Ch. 34, Fire Department and Rescue Squad.
It shall be unlawful for any person to raise or create a false alarm of fire or to operate a fire alarm box without reasonable cause.[1]
[1]
Editor's Note: Former § 63-3, Discharge of firearms, which previously followed this section, was repealed 9-26-1973 by Ord. No. 851R. Former § 63-4, Concealed weapons, § 63-5, Disorderly house, and § 63-6, Gambling; fights; contests, which previously followed this section, were repealed 12-28-1999 by Ord. No. 99-25R.
[Amended 11-8-1972 by Ord. No. 639R; 12-28-1999 by Ord. No. 99-25R]
A. 
No person shall disturb the quiet of the Borough, or of a lawful assembly of persons, or of any neighborhood, family, or person by any loud or unnecessary noise with kettles, drums, horns, bells, or other similar or related instruments or by quarreling, assaulting, or fighting.
B. 
No person shall loiter in such manner so as to:
(1) 
Create or cause to be created a breach of the peace;
(2) 
Create or cause to be created any disturbance or annoyance calculated to interfere with the comfort and repose of any person;
(3) 
Obstruct the free passage of pedestrians, bicycles, or vehicles;
(4) 
Obstruct, molest, or interfere with any person lawfully in any public place;
(5) 
Make unsolicited remarks of an offensive, disgusting, or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
C. 
For purposes of this chapter, "loitering" shall mean remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around."
D. 
No person shall enter upon or refuse to leave any public property or place in violation of rules and/or regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the commission or public agency owning such property or place, where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such rules and/or regulations are made known by the official charged with the security, care or maintenance of the property, his/her agent or a police officer.
E. 
Whenever any police officer, in the exercise of reasonable judgment, decides that the presence of any person in any public place is causing any of the conditions enumerated in Subsection A, B, or C herein, such police officer may, if the officer deems it necessary for the preservation of the public peace and safety, order that person to leave that place, and any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
F. 
This section shall not apply to peaceful picketing, public speaking or other lawful expressions of opinion not in contravention of other laws.
[Amended 12-28-1999 by Ord. No. 99-25R]
No person shall go about from door to door or place himself or herself in the streets to beg or gather alms.
[Amended 12-28-1999 by Ord. No. 99-25R]
No person shall appropriate for private use or remove from its place of deposit any public property, unless such appropriation or removal is authorized by of the Mayor and Council in accordance with state law.
[Amended 12-28-1999 by Ord. No. 99-25R]
Any material deposited upon private property by employees or officials of the Borough, the placement of which constitutes a trespass upon such property, may be removed by the owner or his/her agent without violation of this chapter.
[Amended 12-15-1971 by Ord. No. 631R; 9-28-1988 by Ord. No. 88-19RA; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment in the county jail for a term not exceeding 90 days, or by both such fine and imprisonment. For purposes of § 212-10D, E and F, each object of litter, garbage or refuse described in each of those subsections which is thrown, placed, deposited or caused to be thrown, placed or deposited shall constitute a separate offense.[1]
[1]
Editor's Note: Former § 63-12, Resisting and opposing public safety officers, added 9-26-1973 by Ord. No. 651R, which previously followed this section, was repealed 12-28-1999 by Ord. No. 99-25R.
[Added 9-26-1973 by Ord. No. 651R]
No person knowingly and willfully shall refuse or neglect to assist any public safety officer when lawfully required to do so by such officer in making an arrest, in the service of any process or in the suppression of a breach of the peace.[1]
[1]
Editor's Note: Former § 63-14, Possession and discharge of weapons, added 9-26-1973 by Ord. No. 651R, which previously followed this section, was repealed 12-28-1999 by Ord. No. 99-25R.
[Added 9-26-1973 by Ord. No. 651R; amended 12-28-1999 by Ord. No. 99-25R]
In accordance with N.J.S.A. 21:1A-132 et seq., the Mayor and Council may grant permission to a religious, fraternal or civic organization or to a Borough-sponsored committee or activity, or to other groups of individuals or organizations to discharge fireworks within the Borough, under and pursuant to the following conditions:
A. 
That the discharge be handled by an experienced and competent operator, and the operator, time and place be approved by the Chiefs of Police and Fire;
B. 
That the permittee furnish to the Borough property, liability and workmen's compensation insurance in such amounts as may reasonably be required by the Borough, but in no event less than $1,000,000 aggregate, which insurance shall include a save-harmless clause to protect the Borough, and which insurance shall name the Borough as an additional insured;
C. 
That the permittee furnish a bond in an amount required by the Borough, and both insurance and bonds shall be approved by the Borough Attorney as to form and sufficiency;
D. 
That the permittee comply with all other requirements of the Borough; and
E. 
That such permission shall not be granted for the discharge of fireworks of the type commonly known as "bombs" or "torpedoes" or for any fireworks which are designed to detonate and produce noise or concussion, except that such bombs or torpedoes may be discharged in connection with the celebration of any event either approved or sponsored by the Borough.
[Added 9-26-1973 by Ord. No. 651R; amended 7-13-1977 by Ord. No. 682R; 12-30-1981 by Ord. No. 735R; 10-12-1983 by Ord. No. 83-19R; 9-28-1988 by Ord. No. 88-19RA; 4-19-1998 by Ord. No. 98-05R; 6-11-1998 by Ord. No. 98-12R; 12-28-1998 by Ord. No. 98-18R; 12-28-1999 by Ord. No. 99-25R]
It shall be unlawful for any person to:
A. 
Play, use, operate or permit to be played, used or operated any radio or other device for the production or reproduction of sound with volume louder than is necessary for the convenient hearing of the person(s) so playing such device and in a manner as to disturb the peace, quiet and comfort of neighboring inhabitants. The operation of such a device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance 100 feet from the place in which it is operated shall be prima facie evidence of a violation of this chapter.
B. 
Be in a drunk or intoxicated condition in or on any public place or in any place open to the public. Nothing in this subsection shall be deemed contrary to N.J.S.A. 26:2B-1 et seq.
C. 
Drink any intoxicating liquors on any street, alley, parking lot, park or other public place or in any motor vehicle not on private property or upon private property without the express consent of the owner. Notwithstanding the foregoing, the Borough Clerk may issue a permit to an individual, group of individuals or other entities permitting the possession and/or consumption of alcoholic beverages in a specific Borough public facility, other than a Borough park or playground, at a specific time or times. Said permit shall be issued by the Borough Clerk upon proper written application by the applicant in accordance with rules and procedures established by the Mayor and Council. The applicant has the burden of demonstrating that the issuance of the requested permit will not adversely affect the public interest, health, safety and welfare. This section shall not apply where otherwise permitted by another provision of the Borough Code. Nothing in this subsection is intended to be contrary to N.J.S.A. 26:2B-1 et seq.
D. 
Throw, place, deposit or cause to be thrown, placed or deposited any stones, glass, sticks, litter or any dangerous or offensive substance in or upon any public place or at any car, vehicle, house, building or fence, or willfully break, damage or destroy any public or private property. This prohibition shall not include any litter and other substances placed as part of any scheduled cleanup program established by the borough so long as:
(1) 
It has been placed, thrown, deposited, etc., on public property by a person who is the owner, tenant or occupant of the property in front or on the side of which such litter and/or other substance has been placed as part of such cleanup program; and
(2) 
It has been placed for the purpose of having it picked up as part of said cleanup program.
E. 
Throw or deposit litter upon a public or private place from a vehicle or sweep, cast, throw or deposit, or cause to be swept, cast, thrown or deposited, upon any public street, sidewalk, gutter, alley or place upon private property, any litter, paper, rags, straw, wood, boxes, dirt, rubbish, sidewalk sweepings, turf, clay, sand, earth or ashes or any other litter or garbage. These prohibitions shall include but not be limited to any person placing or depositing any such substances or litter as part of any cleanup program established by the borough if such litter and/or substances do not belong to the owner or occupant of the property on which they have been placed for collection.
F. 
Park any vehicle upon, or place any obstruction, object and/or litter in front of or upon, any private property, driveway or right-of-way without the permission of the lawful owner, tenant or occupant thereof. Such lawful owner, tenant or occupant thereof may not give permission to a third person to place any such obstruction, object and/or litter for the purpose of having it collected as part of a cleanup program established by the borough.[1]
[1]
Editor's Note: Former § 63-17, Eluding police officer, and former § 63-18, Peering into windows of dwelling places, both of which were added 12-12-1979 by Ord. No. 703R and previously followed this section, were repealed 12-28-1999 by Ord. No. 99-25R. Former § 63-19, Registration of sex offenders, added 10-12-1994 by Ord. No. 94-11R, which previously followed this section, was repealed 12-28-1999 by Ord. No. 99-25R.
G. 
Urinate or defecate on, or disturb a public place or the property of another so as to create a hazardous, unhealthy or physically offensive condition.
[Added 8-13-2002 by Ord. No. 02-14R]
H. 
Commit any flagrantly lewd and offensive act which he knows or reasonably should know will be observed by other nonconsenting person or persons who would be affronted or alarmed.
[Added 8-13-2002 by Ord. No. 02-14R]
[Added 12-28-1999 by Ord. No. 99-25R; amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, or by imprisonment for a term not exceeding 90 days, and/or by a period of community service not exceeding 90 days.