City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 3-25-1968 by Ord. No. 20-1968 as Ch. 23, Secs. 23:1-1 through 23:1-5, 23:1-7 through 23:1-13, 23:1-15 and 23:1-15.1 and 23:1-22 through 23:1-27, of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parking Authority — See Ch. 56.
Alarm systems — See Ch. 97.
Alcoholic beverages — See Ch. 100.
Curfew — See Ch. 127.
Loitering — See Ch. 173.
Parental responsibilities — See Ch. 190.
Public parks — See Ch. 193.
Vehicles and traffic — See Ch. 260.

§ 198-1 Possession or consumption of alcoholic beverages in public.

It shall be unlawful for any person to knowingly possess or consume any alcoholic beverage in any public park in the City or to consume any alcoholic beverage on any street or in any public place or in any motor vehicle in the City. There shall be a rebuttable presumption against every person charged with the offense of possession of any alcoholic beverage in a public park that he was knowingly in possession thereof.

§ 198-2 Destruction or injury to property.

A. 
Private property. No person shall intentionally cut, break or otherwise destroy, deface or injure any property of another without the permission of the owner or person responsible therefor.
B. 
Public property. No person shall intentionally injure, deface or destroy any public property.
C. 
Trees, shrubs, etc. No person shall cut, root up or otherwise injure or destroy any tree, shrub, plant or other growing thing without the permission of the owner thereof.

§ 198-3 Disorderly houses; houses of ill fame.

No person shall keep or maintain a disorderly house or house of ill fame or permit his house or other property to be so used or to be frequented or resorted to by riotous or disorderly persons or gamblers. No person shall frequent or resort to any such house or premises when it is so maintained.

§ 198-4 Use of drugs. [1]

A. 
It shall be unlawful for any person to use or be under the influence of amphetamine, barbiturate, barbital, hypnotic or somnifacient drugs, tranquilizers or any prescription legend drug which is not a narcotic drug within the meaning of N.J.S.A. 24:21-2 for a purpose other than the treatment of sickness or injury as prescribed or administered by a person duly authorized by law to treat sick and injured human beings.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In a prosecution under this section, it shall not be necessary for the City to prove that the accused did use or was under the influence of any one of the afore-listed specific drugs, but it shall be sufficient for a conviction under this section for the City to prove that the accused did use or was under the influence of such drug as provided herein by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any such drug.
[1]
Editor's Note: As to distribution of medicine, see § 198-13 of this chapter.

§ 198-5 False alarms; possession of duplicate keys to fire or police boxes.

No person shall knowingly cause a false alarm of fire, or make or cause to be made or have in his possession any key or impression or duplicate of any key of any fire alarm or police signal box without the permission of either the Fire or Police Commission.

§ 198-6 (Reserved) [1]

[1]
Editor's Note: Former § 198-6, Front yard parking, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 198-7 Gambling. [1]

A. 
No person shall set up, keep, maintain or permit in his house or premises any faro table, faro bank, roulette or other device or game of chance or hazard for the purpose of gambling. No person shall frequent or resort to any such house or premises when it is so maintained.
B. 
No person shall deal, play or engage in faro, roulette or any other device or game of chance, or buy or sell what is commonly known as a pool or any interest or share in any such pool, or shall take what is commonly known as a "book" upon the racing, pacing or trotting of any horse, mare, gelding or other animal or any game, racing or contest, or have in his possession any ticket, slips or other writing of an interest or share or showing or indicating an interest, share, bet or pledge in any pool, lottery, racing contest or other game of chance, or shall keep or attend a place to which persons may resort for engaging in any such acts or for betting upon the event of any horse race or other race or contest or for gambling in any form, and no person shall aid, abet, assist or participate in any such pool, lottery, race or other contest or game of chance.
[1]
Editor's Note: As to gambling generally, see N.J.S.A. 2A:40-1 et seq. See also Ch. 103, Amusement Devices.

§ 198-8 Guns, firearms and slingshots: use restrictions.

A. 
No person shall discharge or hurl any shot, bullet or other missile of any kind from any pistol, gun, air gun or slingshot, except for the protection of life or property.
B. 
No person shall, without permit by the Mayor, fire or discharge any firearm of any description, provided that the provisions of this section shall not apply to members of the Police Department or to any regular military organization while in the discharge of their duty.

§ 198-9 Indecent conduct; obscene literature and pictures.

A. 
No person shall appear on any street or public place in a state of nudity or in a dress not belonging to his or her sex or in any indecent or lewd dress, or cause any indecent or lewd exposure whatever, or be guilty of any lewdness or indecent act or behavior; or exhibit, sell or offer to sell or publish any obscene performance, picture, book or writing.
B. 
No person shall place, mark, post, draw or cause to be placed, posted, marked or drawn upon any fence, billboard, building, door, wall, pavement or other surface exposed to public view any obscene word, writing, picture, representation or drawing.
C. 
The word "obscene," wherever it appears in this section, shall mean that which to the average person, applying contemporary community standards, when considered as a whole, has as its dominant theme or purpose an appeal to prurient interests.

§ 198-10 Returning borrowed books to library.

No person shall detain or fail to return any book or article borrowed from the public library of the City or any branch thereof contrary to the rules and regulations of the library after 30 days has elapsed from the date of posting, by certified mail, return receipt requested, of a notice demanding return thereof, addressed to such person at the last address furnished to the library or branch.

§ 198-11 Damage to library books.

No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article or any part thereof which is owned by or is in the custody of any public library of the City or branch thereof.

§ 198-12 Use of false information in borrowing library books.

No person, with intent to defraud, shall register or furnish a false name or address or use any card other than the one issued to such person for the purpose of borrowing any book or other article from the public library of the City or any branch thereof.

§ 198-13 Distributing medicines.

No person shall distribute, cast, deposit, place, leave or cause to be distributed, cast, deposited, placed or left in any public street, highway or public place or in or upon any stoop, vestibule, areaway, house or premises any medicine, medicinal preparation or any sample thereof, provided that nothing contained in this section shall be held to forbid the delivery of any such article mentioned in this section at the request, expressed or implied, of the owner or occupant of any such premises.

§ 198-14 Misrepresentation of facts in applications to City.

Any person who knowingly misrepresents any material fact on any application for a permit or license or on any other paper or document submitted to the City or any of its agencies pursuant to any state law, City ordinance or any regulation issued by the state or City, to induce any official action or dissuade officials from taking any steps to enforce any law, ordinance, regulation or order, shall be in violation of this chapter.

§ 198-15 Obstructing officers; neglecting to assist.

It shall be unlawful for any person to resist, oppose, obstruct or hinder any City officer or employee or any police or other peace officer in the performance of his duty or refuse or neglect to assist any such officer in the discharge of his duty when lawfully required by such officer to do so.

§ 198-16 Playing games in streets.

No person shall engage in any street in any practice, sport or exercise other than as may be required to traverse the same in accordance with traffic regulations.

§ 198-17 Reward for securing conviction of violators.

The Mayor shall have power, with the consent of the City Council, to offer such reward, not exceeding $3,000, as he shall deem suitable for securing the conviction of any person who has committed any crime within the City or violated any provision of this chapter or other ordinance of the City.

§ 198-18 Throwing stones and other offensive substances.

No person shall throw any stone, stick, glass or any dangerous, injurious or offensive substance in or into any public place or at any car, vehicle, house, building, fence or at any person.

§ 198-19 Dumping garbage and junk into watercourses.

It shall be unlawful for any person to dump, throw, discharge or otherwise place any junk, ashes, garbage, debris or other waste matter into any natural watercourse located within the City.

§ 198-20 Prohibited swimming.

No person shall bathe or swim in any pond, river, brook or stream within the City.

§ 198-21 Illegal parking on private property.

[Added 2-28-1972 by Ord. No. 8-1972]
A. 
No person shall park, stop or stand a motor vehicle upon any private parking lot, parking area, driveway or any private property without proper authority of the owner thereof.
B. 
Any unoccupied motor vehicle parked, stopped or standing on a private parking lot, parking area, driveway or any private property in violation of this section shall be deemed a trespass. The owner of said premises may provide for the removal of such motor vehicle, and the costs of said removal and storage shall be borne by the owner of said vehicle.
C. 
The uniform traffic summons shall be used as the complaint form for this violation. The owner or his designated agent shall sign that portion of the summons as the complainant. A police officer shall countersign as witness.

§ 198-22 Illegal parking on Parking Authority parking lots.

[Added 9-8-1975 by Ord. No. 61-1975]
A. 
No person while operating a motor vehicle shall pass over and enter into Parking Authority parking lots operated by mechanical gates without having impliedly by that act agreed to pay such fees, rates or charges for parking as may have been set by said Parking Authority. Payment of such fees, rates or charges shall be made upon egress from said Parking Authority lot.
B. 
Refusal or failure of such person to make payment of such fees, rates or charges aforesaid shall constitute a violation, and the uniform traffic summons shall be used as the complaint form for this violation. The Parking Authority or its designated agent shall sign that portion of the summons as the complainant. A police officer shall countersign as witness.

§ 198-23 Minors frequenting poolrooms.

[Added 4-27-1970 by Ord. No. 23-1970]
No person under the age of 16 years shall frequent any poolroom, nor shall the operator thereof permit any such minor to use any pool table, whether mechanical or not, unless such minor is accompanied by at least one parent or grandparent. No pool table, whether or not mechanical, shall be permitted or allowed in and about any premises authorized to dispense alcoholic beverages either for consumption upon such premises or otherwise.

§ 198-24 Tampering with fire protection equipment.

[Added 5-23-1977 by Ord. No. 25-1977]
The damaging, vandalizing, defacing or stealing of or in any way tampering with fire protection equipment, including but not limited to fire escapes, fire doors, exit signs, standpipe, sprinkler system equipment, fire extinguishers and smoke detectors, is hereby prohibited.

§ 198-25 (Reserved) [1]

[1]
Editor's Note: Section 198-25, Mobile telephones, added 11-24-2003 by Ord. No. 22-2003, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 198-26 Violations and penalties. [1]

Any person convicted of a violation of this chapter (except as provided otherwise herein) shall be sentenced to a fine of not more than $2,000, not more than 90 days' imprisonment and/or 90 days of community service.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 198-27 Protective custody of DWI suspects.

[Added 12-15-2003 by Ord. No. 26-2003]
A. 
Persons to be held in protective custody. Any person who is arrested by the East Orange Police Department for a violation of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility where such person's condition may be monitored until the person is no longer a danger to himself or to others.
B. 
Duration of protective custody.
(1) 
Any person so arrested shall be released from protective custody when his or her blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired.
(2) 
In no event shall a person being held in protective custody pursuant to this section be held for a period longer than eight hours without being provided an appropriate hearing by the East Orange Municipal Court.
C. 
Release due to age, health or safety.
(1) 
Notwithstanding any other provision of this section, provided that it is not a detriment to public safety, if a person's age, health or safety so warrants, the East Orange Police Department may, pursuant to N.J.S.A. 39:4-50.22 et seq.:
(a) 
Release any person held in protective custody; or
(b) 
Provide an appropriate alternative to protective custody.
(2) 
The City of East Orange shall not be subject to liability if a person is released from custody pursuant to the provisions of this subsection.
D. 
Nothing in this section shall be construed as requiring the use of State Police facilities by the City of East Orange for the purposes of this section.