[Adopted 10-5-1978 by Ord. No. 2335 as §§ 15-1
and 15-3 of the 1978 Revised General Ordinances]
No person shall allow or permit his house, shop, store, tavern
or other business premises or other place connected therewith to be
used, frequented or resorted to by riotous or disorderly persons,
drunkards, prostitutes, gamblers or vagrants or common mendicants,
or suffer or permit any of the aforesaid places to become riotous
or disorderly at any time.
[Added 10-20-1981 by Ord. No. 81-54]
A.
No person shall play for money or any other valuable item or participate
in any game of chance, such as cards, dice, pitching pennies, or any
other game, in any park, or on any street or sidewalk, or in any other
public place within the City of Englewood.
[Added 2-6-1990 by Ord. No. 90-2; amended 3-18-2014 by Ord. No.
14-11]
A.
HEALTH CARE FACILITY
TRANSITIONAL FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As set forth in N.J.S.A. 26:2H-2.
Community residences for the developmentally disabled and
community shelters for victims of domestic violence as those terms
are defined in N.J.S.A. 40:55D-66.2.
B.
Within the City of Englewood, no person shall knowingly enter or
remain on a public way or sidewalk adjacent to a health care facility
or transitional facility within a radius of eight feet of any portion
of an entrance, exit or driveway of such facility or within the area
within a rectangle created by extending the outside boundaries of
any entrance, exit or driveway of such facility in straight lines
to the point where such lines intersect the sideline of the street
in front of such entrance, exit or driveway. This subsection shall
not apply to the following:
(1)
Persons entering or leaving such facility;
(2)
Employees or agents of such facility acting within the scope of their
employment;
(3)
Law enforcement, ambulance, firefighting, construction, utilities,
public works and other municipal agents acting within the scope of
their employment; and
(4)
Persons using the public sidewalk or street right-of-way adjacent
to such facility solely for the purpose of reaching a destination
other than such facility.
D.
A health care facility or a person whose rights to provide or obtain
health care services have been violated or interfered with by a violation
of this section or any person whose rights to express their views,
assemble or pray near a health care facility have been violated or
interfered with may commence a civil action for equitable relief.
The civil action shall be commenced either in the superior court for
the county in which the conduct complained of occurred, or in the
superior court for the county in which any person or entity complained
of resides or has a principal place of business.
[Amended 2-6-1990 by Ord. No. 90-02]
A.
Any person who violates any provision of this article shall upon
conviction thereof be punished by a fine not exceeding $1,000 or by
imprisonment for a term not succeeding 90 days, or both
B.
Violation of any provision of this article shall be subject to the
foregoing penalty and shall be subject to a minimum mandatory fine
of not less than $1,000.
C.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
A.
Any person or persons convicted of violating any provision of this article shall, in addition to any penalty imposed pursuant to § 307-4 of this article, be jointly and severely liable for any additional extraordinary or unusual costs incurred by the City of Englewood beyond those normally incurred in providing routine police protection in quelling any unlawful disturbance, removing any unlawful obstruction or abating any unlawful disorderly conduct for which such person or persons were convicted.
B.
The Director of Public Safety and the Director of Finance, or their
designees, shall prepare a statement of expenses incurred by the City
in dealing with the foregoing unlawful conduct including, but not
necessarily limited to, additional police salaries, reasonable legal
fees and overtime necessitated by such actions and any damage to City
vehicles, equipment or property resulting from such unlawful conduct.
C.
A copy of said statement shall be served upon the person or persons
convicted hereunder either personally or by certified mail, return
receipt requested, at such person's last known address, together
with a notice that payment thereof is required within 10 days following
receipt unless an appeal is taken as provided below. Unless such an
appeal is taken, the notice shall be a final order after the expiration
of said ten-day period.
D.
Within 10 days following receipt of the foregoing statement of expenses,
the person or persons convicted hereunder may appeal such notice to
the City Manager by filing with the City Manager a written notice
of appeal.
E.
Upon receipt of such notice of appeal, the City Manager shall fix
a date for a hearing thereon, not less than 10 days nor more than
30 days from receipt of the notice of appeal, and shall furnish at
least 10 days' notice thereof to both the appealing party and the
Director of Public Safety and the Director of Finance.
F.
At the hearing, the appealing party will be given an opportunity
to be heard and to set forth the reasons why the appealing party is
not responsible for such costs or why such costs are unreasonable.
An opportunity shall also be given to the Director of Public Safety
and the Director of Finance, or their designees, to be heard. Such
hearing shall be informal. The appealing party shall have the right
to be represented by counsel and to introduce and to cross-examine
the witnesses.
G.
Following the conclusion of such hearing, and within 30 days thereafter,
the City Manager shall issue a written decision thereon and shall
furnish a copy thereof to the appealing party, as well as the Director
of Finance and the Director of Public Safety. Such decision shall
be a final order.
H.
The City may institute the appropriate civil proceedings before a
court of competent jurisdiction to enforce such final orders.
