City of Hoboken, NJ
Hudson County
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[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 1-7-1959.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise control — See Ch. 133.
[1]:
Editor's Note: The provisions of this chapter are derived from Sections 32.01 through 32.23 and Section 32.33(a) of Chapter 32 of the former General Ordinances of the City of Hoboken, adopted 1-7-1959 by Ord. No. 123, as amended.

§ 145-1 Disturbing the peace.

[Amended 2-16-2011 by Ord. No. Z-84]
No person shall make or assist in making any improper noise, riot, disturbance or breach of the peace in the streets or elsewhere within the City, and no persons shall collect in bodies or crowds for idle or unlawful purposes to the annoyance or disturbance of citizens or travelers. See also Ch. 133, Noise Control.

§ 145-1.1 (Reserved) [1]

[1]:
Editor's Note: Former § 145-1.1, Radios and other such similar machines and/or devices noise restrictions, added 3-1-2000 by Ord. No. R-426, as amended, was repealed 2-16-2011 by Ord. No. Z-84.

§ 145-1.2 (Reserved) [1]

[1]:
Editor's Note: Former § 145-1.2, Gas powered go-peds, mopeds, and skateboards noise restrictions, added 9-5-2001 by Ord. No. DR-8, as amended, was repealed 2-16-2011 by Ord. No. Z-84.

§ 145-2 Disturbing lawful assembly.

No person in this City shall disturb any congregation or assembly met for religious worship in any church or other building by making a noise or by rude or indecent behavior or profane discourse within their place of worship.

§ 145-3 Frightening or annoying pedestrians.

No person shall engage in any practice, sport or exercise having a tendency to frighten or annoy any person passing on any street or sidewalk of the City.

§ 145-4 Blackjacks, slingshots and weapons.

No person in this City shall manufacture, sell, keep for sale, offer, give or dispose of any blackjack, slingshot, billy, sand club, bludgeon, metal knuckles or other such instrument or weapon.

§ 145-5 Firearms.

No person shall fire any cannon, gun, rifle, pistol, toy pistol or firearm of any kind within the City.

§ 145-6 Damaging public property.

A. 
No person shall pull up, break down, deface or injure any of the trees, grass, shrubbery, posts, fences or other property in any public ground or square of this City, nor shall any person climb, bend or cut any tree in any public ground or square.
B. 
No person shall injure or destroy or assist in injuring or destroying any public building or other property belonging to the City.

§ 145-7 Selling on public grounds.

No person shall erect any booth, shed or other convenience or station any vehicle for the sale of any articles upon any public ground, square or public street of this City, except by permission of the Mayor.

§ 145-8 Sewers.

No person shall discharge or suffer or permit the discharge, by any method, of oil, oil sludge, oil refuse, acid or any volatile inflammable liquid, gas or vapor into any sewer in this City.

§ 145-9 Fire hydrants, unlawful uses damage or obstruction.

A. 
No person shall obstruct a fire hydrant in the City by placing against the same or immediately in front of the same, at a distance less than 20 feet on either side of the fire hydrant, any automobile, building material or any obstruction of any kind whatsoever, so as to make access to the fire hydrant inconvenient or difficult to the Fire Department, without first having obtained written permission from the Chief of the Fire Department so to do.
B. 
Any person who so places an obstruction to a fire hydrant shall immediately remove the obstruction upon notice to do so from the Chief of the Fire Department.
C. 
Unlawful use; damage or obstruction.
[Added 8-3-1966 by Ord. No. 273]
(1) 
No person, firm or corporation shall open, use or turn on, or assist in the use, opening or turning on of, any fire hydrant without the permission of the Director of Revenue and Finance and the Chief of the Fire Department.
(2) 
No person, firm or corporation shall damage, injure or deface or assist in the damaging, injuring or defacing of any fire hydrant.

§ 145-10 False alarms.

No person shall knowingly or willfully give or cause to be given any false alarm of fire within the City.

§ 145-11 Mooring boats.

No person shall moor any boat to any piling or other City property used and occupied by the City in front of Hudson Square in the waters of the Hudson River.

§ 145-12 Fluorescent lamps, disposal.

A. 
No person in this City shall deposit in a garbage receptacle or receptacle of any nature, for disposal, any fluorescent and mercury vapor-type tubular lamp, intact, broken or otherwise, unless the lamp or part thereof is securely and completely wrapped in cardboard or extra-heavy wrapping paper, securely tied or pasted together, and upon which wrapping there is marked in plain large letters the words "fluorescent lamp."
B. 
No person shall throw or leave a discarded fluorescent and mercury vapor-type tubular lamp upon any sidewalk, street or other public place or any vacant lot, hallway, cellar or other place used by the public.

§ 145-13 Intoxication.

A. 
No person shall be in the state of intoxication in any street, highway, thoroughfare or public place within the City or in any private house or place, to the annoyance of any citizen or person.
B. 
Police officers shall arrest any intoxicated person and cause him to be brought before the Municipal Judge, and the Municipal Judge before whom such person shall be brought may, on the confession of such person or on due proof that such person has been intoxicated, convict such person thereof.

§ 145-14 Vagrancy.

No person shall be a vagrant, common mendicant or street beggar within the City.

§ 145-15 Paupers.

No master, owner or agent of any steamboat, ship, vessel or boat or any car or other vehicle shall land or put down, or cause or permit to be landed or put down, from any such steamboat, ship or other vessel, car or other vehicle any alien pauper, vagrant, sick, infirm or insane person or such other alien that may appear to have no visible means of support or that cannot make it appear that he is entitled to a residence in the City, unless such owner, master or agent shall first execute a bond to the Mayor and Council of the City in the penal sum of $300 with good and sufficient security to be approved by the Mayor, conditioned that no such passenger shall become a charge upon the City for the term of one year from the date of the bond, under the penalty of $50 for each person so landed or put down within the City.

§ 145-16 Cruelty to animals.

No person in this City shall inhumanly, unnecessarily or cruelly beat, injure or otherwise abuse any dumb animal.

§ 145-17 Gambling and gambling devices.

A. 
No person in this City shall deal, play or engage in faro, roulette or other device or game of chance, either as banker, player, dealer or otherwise, for the purpose of gaming.
B. 
Gambling devices.
(1) 
No person in this City shall have or keep, in any store, shop, restaurant, tavern, moving-picture theater, club, place of business, amusement, social activities or entertainment within the City, any game, machine or device, such as bagatelle, baseball, pinball, bowling, horse racing and machines or devices of like nature by whatever name known.
(2) 
Police officers of the City are authorized to seize and hold, for such further disposition as is authorized by law, any game, machine or device, such as bagatelle, baseball, pinball, bowling, horse racing and machines or devices of like nature, by whatever name known, in any store, shop, restaurant, tavern, moving-picture theater, club, place of business, amusement, social activities or entertainment within the City.
C. 
No person in this City shall set up, keep or maintain, or permit to be set up, kept or maintained, in any house or premises occupied by him, any faro table, faro bank, roulette or other device or game of chance, hazard or address for the purpose of gaming, or any boxing ring, cockpit or other place for the exhibition of animals in fight. Police officers may enter upon any premises where any instrument or devices employed in gaming are used contrary to the provisions of this section and, except in the case of ball alleys, bowling alleys and billiard tables, may carry away and destroy such devices.

§ 145-18 Disorderly house.

No person in this City shall keep or maintain a disorderly house or house of ill fame. No person shall permit his house, shop, store or other place connected therewith to be used, frequented or resorted to by riotous or disorderly persons, gamblers, vagrants or common mendicants between the hours of 5:00 p.m. and 7:00 a.m. No person shall make or assist in making any riot, noise or disturbance at any house, shop, store or other place within the City where dancing or other amusements are permitted.

§ 145-19 Indecent exposure.

No person in this City shall appear in any street or public place in a state of nudity or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or shall make any indecent exposure of his or her person or be guilty of any lewd or indecent act or behavior or shall exhibit, sell or offer to sell any indecent or lewd book, picture or thing or shall exhibit or perform any indecent, immoral or lewd play or other representation.

§ 145-20 Obscene literature.

No person in this City shall have in his possession or control for sale, exhibition or distribution, or shall sell or offer to sell, exhibit, give away, distribute upon or within any street, alley, park, school building or room, hall, theater, show house, newsstand, store or other place of business or entertainment, any book, pamphlet, paper, film or other thing containing obscene, lewd, immoral or otherwise indecent language, prints, pictures, figures or representations and manifestly tending to the corruption of morals.

§ 145-21 Indecent posters.

A. 
No person shall post or display upon any billboard, fence, building, structure, store, window or public place or public house or in any manner expose to public view within the City as an advertisement any indecent poster, print or picture tending to represent the doing of any criminal act or representing indecently any part of the human body, tending to deprave the morals of individuals or shocking to the sense of decency or tending to incite the mind to acts of immorality or crime. The covering up or partial covering up of any such objectionable advertisement shall not relieve the offending party from the penalty imposed by this chapter.
B. 
The Mayor or the Chief of Police shall direct the Police Division to immediately remove such objectionable advertisements and retain the same as evidence against the offending person.
[Amended 11-17-1986 by Ord. No. V-79]

§ 145-22 Urinating in public.

[Amended 11-4-1987 by Ord. No. V-140; 10-20-1993 by Ord. No. R-7]
No person shall urinate in any street, highway, thoroughfare or public place within the City of Hoboken.

§ 145-23 Possession of opened alcoholic containers.

[Added 2-17-1993 by Ord. No. P-217; amended 10-20-1993 by Ord. No. R-7]
A. 
No person shall have in their possession an opened container of any alcoholic beverage in a glass, bottle, can or any type of container on a public street, highway, avenue, alley or road of the City, or upon any public grounds, parks, sidewalks or marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin in said municipality.
B. 
The drinking of alcoholic beverages on the public streets of Hoboken is hereby prohibited. No person shall serve, sell, dispense, drink or consume any alcoholic beverage on a public street, highway, avenue, alley or road of the City, or upon any public grounds, parks, sidewalks or marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin in said municipality.

§ 145-24 Sale of spray paint containers and indelible markers. [1]

[Added 8-17-1994 by Ord. No. R-64]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
INDELIBLE MARKER
Any felt tip marker, china marker or similar device that is not water soluble and which has a flat or angled writing surface 1/8 inch or greater, which is not ordinarily used as a writing instrument.
MINOR
Any person under the age of 18 years of age.
PERSON
Any person, partnership or corporation selling or offering for sale any of the items prohibited by this section.
B. 
Prohibited conduct.
(1) 
No person, firm or corporation shall sell or offer for sale, transfer or offer to transfer any spray paint container or indelible marker unless such paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored, out of sight, in such a way as to prevent free and uninhibited access to the merchandise by the general public.
(2) 
No person shall sell or otherwise transfer any spray paint container or indelible market to a minor, unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
(3) 
No minor shall, at the time of purchase of items specified in Subsection B(2), knowingly furnish fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces or any document issued by a federal, state, county or municipal government.
C. 
Possession restricted. No minor shall be in possession, custody or control of a spray paint container or indelible marker unless under the supervision of a teacher or other school official or parent or legal guardian or under the auspices of an authorized school assignment.
D. 
Penalties. Violation of this section shall result in a penalty of no more than $500 or imprisonment not to exceed 90 days, or both.
[1]:
Editor's Note: Former § 145-24, Display prohibited, was repealed 10-20-1993 by Ord. No. R-7.

§ 145-25 Penalties for automated red light and stop sign photographic system violations.

[Added 11-7-2007 by Ord. No. DR-332]
A. 
General.
(1) 
Notwithstanding any other provision of this traffic code, the City of Hoboken hereby adopts an enforcement system for automated photographic system violations as outlined in this section. It imposes monetary liability on the owner of a vehicle for failure of an operator thereof to strictly comply with the requirement to stop when the traffic signal or stop sign for that intersection is emitting a steady red light for the line in which the operator is traveling and for those who do not stop for stop sign(s).
(2) 
The Hoboken Police Division of the Department of Public Safety shall be responsible for administering the automated red light and stop sign photographic system. Specifically, the division shall be empowered to install and operate the automated red light and stop sign photographic system within the City of Hoboken using trained technicians who may be police officers, Police Division employees, or other trained technicians who are not employees of the Hoboken Police Division of the Department of Public Safety.
(3) 
Any traffic citation for a red light and stop sign photographic system violation pursuant to this section, shall:
(a) 
Be processed by officials or agents of the City of Hoboken;
(b) 
Be forwarded by First Class and/or certified mail to the vehicle's registered owner's address as listed on the State Motor Vehicle Registration with a return date for trail in the City of Hoboken Municipal Court.
B. 
Definitions.
AUTOMATED RED LIGHT AND STOP SIGN PHOTOGRAPHIC SYSTEM
A camera, mounted at an intersection, which captures images of vehicles crossing an intersection against a red light and/or disregarding a stop sign.
VEHICLE OWNER
The person or entity identified by the New Jersey Motor Vehicle Commission as the registered owner of the vehicle or registered with any other state vehicle registration office or lessee of a motor vehicle under a lease of six months or more.
C. 
Offense.
(1) 
The owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle crosses the stop line at the system location when the traffic signal for that vehicle's direction of travel is entering a steady red light and/or if such vehicle does not properly stop for a stop sign.
(2) 
It is prima facie evidence that the person registered as the owner of the vehicle with the New Jersey Motor Vehicle Commission (or with any other state registry office) was in operation of the vehicle at the time of the offense set out in subsection C(1).
(3) 
Notwithstanding subsection C(2) above, the owner of the vehicle shall not be responsible for the violation if, within 21 days from the date listed on the "Notice of Liability" as set forth in subsection D(2) below, he furnishes the Hoboken Municipal Court:
(a) 
An affidavit by the vehicle owner, stating the name and address of the person or entity who leased the vehicle in a lease of six months or more at the time of the violation.
(b) 
A law enforcement incident report/general offense report from any state or local enforcement agency/record bureau stating that the vehicle involved was reported as stolen before the time of the violation.
(4) 
Nothing in this section shall be construed to limit the liability of an owner of a vehicle for any violations of subsection C(1) or C(2) here.
D. 
Penalties.
(1) 
Violations of this section shall result in a penalty of no more than $200.

§ 145-26 Violations and penalties.

[Added 2-17-1993 by Ord. No. P-217; amended 10-20-1993 by Ord. No. R-7; 2-3-2010 by Ord. No. Z-28]
Any person violating any of the offenses set forth in this Chapter 145 shall, upon conviction, be subject to one or more of the following penalties: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.