Flea markets, auctions and games of chance — See Ch. 249.
§ 391-2Sunday activities restricted.
§ 391-3Exempt activities.
§ 391-4Permitted activities.
§ 391-5Immunity from prosecution under certain
§ 391-6Violations and penalties.
The Mayor and Council hereby finds and declares that:
The Borough is a suburban community whose primary consideration is the promotion and maintenance of a satisfactory living environment for the present and prospective inhabitants of the Borough and the preservation of the public health, safety and welfare of the municipality and its inhabitants;
The Borough is traversed by three major highways: New Jersey State Highway Route No. 4; New Jersey State Highway Route No. 17 and the Garden State Parkway, all of which are heavily traveled;
Shopping centers have been established on Route No. 17 and Route No. 4 in the Borough;
The Garden State Parkway intersects Route No. 17 approximately one mile north of Route No. 4;
The traffic peak on the aforesaid thoroughfares in the Borough is reached on Sunday with attendant traffic congestion;
The operation of highway businesses on Sunday prevents the free flow of traffic, constitutes an ever-present hazard and renders it difficult and dangerous for motor vehicles to enter and leave said business premises;
The conduct of such Sunday businesses by some tends to compel all businesses to remain open every day of the week for long hours, thereby resulting in the physical and moral debasement of the persons directly concerned with their operation and impinging upon the peace and quiet and rest of the residents of the Borough;
The physical, intellectual and moral good of the community requires a periodic day of rest from labor;
As some particular day must be fixed, the one most naturally selected should be that which is regarded by the greatest number of citizens as must appropriate, either by virtue of custom or private religious beliefs; and
The public policy of our state is against all worldly employment on Sundays, except works of charity and necessity.
The cessation of such activity on Sunday is for the general good and welfare of the community.
No worldly employment or business, except works of necessity and charity, shall be performed or practiced by any person within the Borough on the first day of the week, commonly called and hereinafter designated as "Sunday."
Nothing contained in this chapter shall be construed to prohibit the preparation and sale of drugs, meals, prepared food, perishable agricultural and horticultural product and nonalcoholic beverages on Sunday, nor to apply to sales of alcoholic beverages which are otherwise subject to regulation under Title 33 of the Revised Statutes of New Jersey and Borough ordinances.
Notwithstanding the provisions of this chapter, any person may, on Sunday:
Print, publish and sell newspapers, magazines and periodicals;
Sell and deliver milk, bread and baked goods;
Walk, ride or drive for recreation;
Hire conveyances for riding and driving and sell gasoline and other petroleum products for motor vehicles;
Engage or take part in any form of recreation, sport or amusement that is not unlawful on other days of the week, if in so doing such person does not disturb others in their observance of Sunday;
Sell and dispense, either directly or by vending machine, cigarettes and other tobacco products.
Exhibit, sell and offer for sale residential dwellings located within the Borough.
If any person should be charged with having labored or worked on Sunday and shall prove to the satisfaction of the Judge that he uniformly keeps the seventh day of the week commonly known as the "Sabbath," habitually abstains on that day from following his usual occupation or business and from all recreation and devotes the day to the exercise of religious worship and if the work or labor for which such person is charged was done and performed in his own home or workshop or on his premises and has not disturbed others in the observance of the first day of the week, commonly known as "Sunday," as the Sabbath, then the defendant shall be discharged. This section shall not be construed to allow any such person to openly expose to sale on Sunday any goods, wares, merchandise or other article or thing in the line of his business or occupation.
Unless another penalty is expressly provided herein, any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.