[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway as indicated in article histories. Amendments noted where applicable.]
Article I Disorderly and Unlawful Acts
Article II Curfew and Parental Responsibility for Juveniles
[Adopted 10-14-1971 by Ord. No. 5-71 as Secs. 17-1 through 17-28 of the 1971 Code of Ordinances]
[Amended 12-9-1976 by Ord. No. 15-76]
The definitions contained in this section shall apply in the interpretation and enforcement of this article.
- DISORDERLY ASSEMBLAGE
- Any two or more persons gathered together and acting in a boisterous, noisy, riotous, offensive, disorderly or threatening manner toward each other or others or committing any acts which in any way breach or disturb the peace or tend to breach or disturb the peace.
- DISORDERLY HOUSE
- Any building or structure or any part thereof which is used for gambling or which is frequented by prostitutes, criminals, gamblers, vagrants or persons violating the law or in which the law is habitually violated.
- HOUSE OF ILL FAME
- Any building or structure or any part thereof in which prostitution, lewdness or other unlawful sexual acts are permitted.
- PARENT or GUARDIAN
- Includes any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
- PUBLIC PLACE
- Any place to which the public has access and shall include but not be limited to any street, highway, road, alley, sidewalk or railroad station. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern, theater or other place of business and public grounds, areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this article or, in the case of a minor, not owned or under the control of his parent or guardian.
Editor's Note: The definition of "loitering," which immediately followed this definition, was deleted 11-14-1991 by Ord. No. 22-91.
All acts constituting lewd, immoral or indecent conduct, unlawful destruction of property, willful injuries to or unlawful interference with persons, hazards to the public health and breaches or disturbances of the peace not expressly mentioned in this article are severally prohibited.
No person shall sell or offer to sell any lewd or indecent picture, book, device or thing or exhibit or perform or cause to be exhibited or performed any lewd, immoral or indecent dance, show, play or other presentation.
No person shall write or cause to be written any lewd, indecent or obscene word or mark whatsoever or draw or cause to be drawn any lewd, indecent or obscene figure upon any house, building, wall, fence or other place in the Borough.
No person shall, by word, act, sign or other device, invite or solicit or aid or abet in inviting or soliciting unlawful sexual intercourse or any other unlawful, lewd, indecent or lascivious act.
No person shall maintain or cause or permit to be maintained a disorderly house or house of ill fame in any building or structure or on any premises owned, occupied or controlled by him nor shall any person permit any building or other structure or any premises owned or occupied or controlled by him to be frequented or used by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.
No person shall set up, keep or maintain or permit to be set up, kept or maintained, in any house or premises, any faro table, faro bank, roulette wheel or other device or game of chance for the purpose of gaming or any cockpit or other place for animals to fight nor shall any person hold or permit to be held, in any house or premises, any dogfight or cockfight.
Editor's Note: Original Sec. 17-11, entitled "Participation in, inciting unlawful assemblies," and Sec. 17-12, entitled "Engaging in brawls, altercations," which immediately followed this section, were deleted 11-14-1991 by Ord. No. 22-91.
No person shall at any time or place willfully disquiet, interrupt or disturb any assembly of people met for a lawful purpose, either by making a noise or by rude, disorderly or indecent behavior or profane language, either within the place of meeting or out of it, so near as to disturb the order and solemnity of the meeting, or shall, by noisy, rude, improper or disorderly conduct, in any library or reading room, disturb or interrupt the quiet and good order of those who resort to and use such library or reading room for reading or study.
Editor's Note: Original Sec. 17-14, entitled "Taking part in drunken, riotous, disorderly conduct," Sec. 17-15, entitled "Destruction of property," and Sec. 17-16, entitled "Hindering borough officials," which immediately followed this section, were deleted 11-14-1991 by Ord. No. 22-91.
[Amended 5-10-1990 by Ord. No. 9-90; 11-14-1991 by Ord. No. 22-91]
No person shall willfully obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere with any other person lawfully upon any public thoroughfare or in any public place or in any automobile, bus or other public or private conveyance lawfully upon any public thoroughfare.
[Amended 12-14-1989 by Ord. No. 29-89]
No person shall place, throw, plow, snow blow, leaf blow, shovel or rake or suffer or permit the depositing of any leaves, snow, ice, stone, sticks, glass or any hard, dangerous or offensive substance upon any street, avenue, road, highway or other public thoroughfare nor shall any person throw any such object or substance at, upon or against any person, vehicle of transportation, building or other structure.
No person shall discharge or permit the discharge of water or any other liquid in any manner whatsoever upon any street, avenue, road, highway or other public thoroughfare, nor shall any person throw water or any other liquid at, upon or against any person, vehicle of transportation or other structure in a such a manner so that such discharge may create or present a hazard to the public health or unlawfully destroy property or cause injuries to or unlawful interference with persons or property.
[Added 3-9-2006 by Ord. No. 03-06]
No person shall unnecessarily obstruct any street, avenue, road, highway, alley or public place with any kind of vehicle or vehicles or with a box or boxes, lumber, wood or any other thing, but the provisions of this section shall not prevent persons who are building from occupying, until notified by any Borough official to cease such occupancy, 1/2 of the street in front of the place where they are so building, unless another person is building on the opposite side of the street, in which case neither shall occupy more than 1/4 of the street; no person who is building shall continue such occupancy of any street after notice from any Borough official or police officer to discontinue the same.
No person shall disturb the exercises of any school or molest or give annoyance to children attending such school or any teacher therein.
Editor's Note: Original Sec. 17-21, entitled "Drunkeness generally," which immediately followed this section, was deleted 11-14-1991 by Ord. No. 22-91.
No person shall make, continue or cause to be made or continued any unnecessary or unusual sound or noise which either annoys, injures or endangers the comfort, repose, health or safety of others unless the making and continuing of the same are necessary for the protection or preservation of property or of the health, safety, life or limb of some person.
No person shall conduct himself or herself in or about the Borough having concealed upon him or her any picklock, key, crowbar, jack, bit or other implement with any intent to break or enter into any building or shall have upon him or her any pistol, hanger, cutlass, bludgeon or other offensive or dangerous weapon nor shall any person be apprehended having upon him or her, whether concealed or not, any of the foregoing articles or things with the intent of committing any unlawful act nor shall any person be found in or near any dwelling, house, warehouse, stable, barn, coach house, garage, smokehouse or any place of public resort or assemblage for business, worship or amusement or other lawful purpose with intent to steal any goods or chattels; provided, however, that this section shall not apply to law officers and other persons duly authorized under certain statutes of this state to carry proper weapons of defense. Possession of any of the foregoing articles on a public thoroughfare shall be prima facie evidence of such intent.
No person shall go about from door to door or place himself or herself in the streets to beg or gather alms.
No person shall willfully and maliciously ring or cause to be rung any bell or alarm of any fire company or ambulance association thereby giving or causing to be given a false alarm of fire or ambulance call or shall willfully send any message of false alarm of fire or ambulance call by telephone or by any other method or means.
[Adopted 6-7-2001 by Ord. No. 02-01]
The purposes of this article are as follows:
To protect juveniles and other citizens, residents and visitors to the Borough of Rockaway from the dangers of criminal and unlawful activity which may occur in the sidewalks, streets and other public places of the Borough during the late night and early morning hours;
To decrease the amount of criminal activity engaged in by juveniles;
To promote and enhance parental control over juveniles and encourage family unity;
To recognize the constitutional rights of juveniles and to establish standards which do not impinge upon those rights, and in particular to enable juveniles to continue to engage in lawful activities, while addressing the needs of the community and reduce or eliminate juvenile crime; and
To establish standards and policies to assist the Rockaway Borough Police in enforcing the measures established herein.
As used in this article, the following terms shall have the meanings indicated:
- An organized pursuit supervised by one or more adults.
- An individual who is 18 or more years of age.
- ADULT EXTENDED FAMILY MEMBER
- A grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin who is 18 or more years of age and who is willing and available to care for the juvenile.
- COMMUNITY ORGANIZATION
- An administrative and functional association, society, group, or profit or not for profit corporation consisting of individuals linked by a common policy, social, economic, political or other interest.
- ERRAND INVOLVING MEDICAL EMERGENCY
- An event in which a juvenile is en route to or from rendering assistance to or locating or attempting to locate assistance for a person who has sustained what the juvenile reasonably believes to be a serious bodily injury or who is otherwise in a physical condition such that it reasonable appears to the juvenile that immediate action is required and that there is an urgent need for assistance or relief.
- EXTRACURRICULAR SCHOOL ACTIVITY
- An activity sponsored by, promoted by, supervised by or conducted under the auspices of a public or private school and supervised by one or more adults. Examples of extracurricular activities include, but are not limited to concerts, plays, art exhibits, dances and proms, sporting events and practice or rehearsal sessions, class trips, graduation ceremonies and related activities.
- A person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent and is responsible for the care and welfare of the juvenile.
- An individual who is under the age of 18 years.
- A person who is the natural or adoptive parent, stepparent or foster parent of the juvenile.
- PUBLIC PLACE
- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public structure or area.
- RELIGIOUS ORGANIZATION
- An organization relating to, devoted to or promoting religious beliefs, activities or observances.
It shall be unlawful for a juvenile to be on any public street or in any public place between the hours of 10:00 p.m. and 6:00 a.m.
It shall be unlawful for any parent or guardian to allow a juvenile who is unaccompanied by the parent or guardian to be on any public street or in any public place between the hours of 10:00 p.m. and 6:00 a.m. It shall not be a violation of this article by the parent or guardian where a parent or guardian is unable to control the whereabouts and activities of a juvenile in his or her care, custody or control has contacted the Rockaway Borough Police and reported such juvenile as possibly appearing in locations and at times which would violate this article.
This article shall not apply to any juvenile who can establish that he or she is on a public street or in a public place between the hours of 10:00 p.m. and 6:00 a.m. where the juvenile is:
Accompanied by the juvenile's parents or guardian;
Engaged in or traveling to or from a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform;
Engaged in an errand involving a medical emergency;
Attending an extracurricular school activity; or
Attending some other activity, cultural, educational or social event which is sponsored by a religious or community-based organization.
Violators of this article shall be required to perform community service and may be subject to a fine of up to $1,000. If both a juvenile and the juvenile's parent or guardian violate this article, they shall be required to perform community service together.
A police officer of the Borough, upon finding a suspected juvenile on the streets in apparent violation of this article, shall investigate to determine whether a violation has actually occurred.
A police officer finding a suspected juvenile in a public place in possible violation of this article shall request that the suspected juvenile produce identification or other documentation of age. In the absence of the production of convincing evidence such as birth certificate, a police officer on the street shall in the first instance use his or her best judgment to determine the age of the suspected juvenile.
Whenever any juvenile is engaged in conduct in violation of this article, the Rockaway Borough Police are hereby authorized and empowered to take such juvenile into custody in accordance with the laws of the State of New Jersey and the standards set forth herein.
An officer taking a juvenile into custody under this article shall inform the juvenile of the reason for such custody.
If it is necessary to take a juvenile into custody, the custody shall be temporary and shall not extend beyond the amount of time reasonably necessary to transport the juvenile to the juvenile's home, the police station or another destination authorized by law. In determining whether to transport a juvenile to the police station or the juvenile's home, the police officer shall consider factors, including but not limited to the distance to the juvenile's home, the availability of police personnel on duty to provide sufficient police protection to the Borough's residents during the time of transportation to the juvenile's home, and the presence, or lack thereof, of adequate adult supervision at the juvenile's home.
An officer releasing a juvenile into custody of a parent or guardian shall inform the parent or guardian of the reason for having taken the juvenile into custody and shall issue summonses to the juvenile and parent or guardian, if appropriate.
The officer may transport the juvenile to the police station, to the home of an adult extended family member, or any other place designated by the Chief of Police:
If the juvenile expresses fear or distress at the prospect of being returned to his or her home, which leads the officer to reasonably believe that there is a possibility that the juvenile is experiencing some type of child abuse or neglect in the home;
If it is not practical to transport the juvenile to his or her home; or
If there is no parent or guardian available to accept custody of the juvenile.
The officer releasing a juvenile into custody of an adult extended family member or a responsible adult shall inform the juvenile and the adult extended family member or responsible adult of the reason for taking the juvenile into custody.
The officer making original contact with the juvenile shall file a written report within 24 hours of such contact.
When a juvenile is taken into custody and transported to the police station, the officer shall promptly call the juvenile's parent or guardian. If such parent or guardian is not available, then the officer shall call an adult extended family member of the juvenile, if one is located within or in the vicinity of the Borough. When a parent cannot be located or has not appeared within a reasonable period of time to take charge of the juvenile, there is no adult extended family member with whom the juvenile has a relationship who is willing and available to care for the juvenile, or the juvenile fails or refuses to identify a parent, guardian or adult extended family member, and the appropriate information has been recorded, the police officer shall contact the Division of Youth and Family Services (DYFS) or other agency designated by the Chief of Police to make arrangements for temporary custody of the minor.
The Chief of Police shall have the authority to make such other necessary rules for enforcement of this article to assure that investigations and temporary custody of a minor are carried out in a constitutional and efficient manner.
This article and the need for it shall be reviewed periodically to determine the effectiveness and continuing need for this article. During the course of the review of this article, a report shall be prepared, which shall include, but not be limited to the following information.
The practicality of enforcing this article and any enforcement problems identified by the Rockaway Borough Chief of Police;
The impact of this article on juvenile crime and juvenile victimization statistics and on the public perception of juvenile crime and victimization;
The number of juveniles taken into custody for curfew violations; and
The number of official citizen complaints filed regarding the enforcement of this article.