[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover 7-27-1970 as Art. 14 of the 1969 Revised Ordinances.
Amendments noted where applicable.]
A.
The words "persons," "person," "his" or "her" as used
in this chapter shall be construed, wherever appropriate to the context,
to include corporations. The singular number as used herein shall
include the plural.
B.
DISORDERLY ASSEMBLAGE
DISORDERLY HOUSE
HOUSE OF ILL FAME
As used in this chapter, the following terms shall
have the meanings indicated:
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 act or acts which in
any way breach or disturb the peace or tend to breach or disturb the
peace.
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.
Any building or structure or any part thereof in which prostitution,
lewdness or other unlawful sexual acts are permitted.
[1]
Editor's Note: Former § 162-2, Drunkenness and disorderly
behavior, was repealed 9-23-2008 by Ord. No. 30-2008.
No person shall engage in any riot, public disturbance
or disorderly assemblage.
[Amended 5-8-1972]
A.
LOITERING
PARENT OR GUARDIAN
PUBLIC PLACE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Remaining idle in essentially one location and shall include
the concepts of spending time idly, loafing or walking about aimlessly
and shall also include the colloquial expression "hanging around."
Any adult person having care or custody of a minor, whether
by reason of blood relationship, the order of any court or otherwise.
Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
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 section, or
in the case of a minor, not owned or under the control of his parent
or guardian.
B.
Certain types of loitering prohibited. No person shall
loiter in a public place in such manner as to:
(1)
Create or cause to be created a danger of a breach
of the peace.
(2)
Create or cause to be created any disturbance or annoyance
to the comfort and repose of any person.
(3)
Obstruct the free passage of pedestrians or vehicles.
(4)
Obstruct, molest or interfere with any person lawfully in any public place as defined in Subsection A. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
C.
Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection B, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
D.
Loitering by minors. No parent or guardian of a minor
under the age of 18 years shall knowingly permit that minor to loiter
in violation of this chapter.
E.
Notice of violation. Whenever any minor under the
age of 18 years is charged with a violation of this chapter, his parent
or guardian shall be notified of this fact by the Chief of Police
or any other person designated by him to give such notice.
F.
Presumption. If, at any time within 30 days following the giving of notice as provided in Subsection E, the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
No person shall willfully obstruct, molest,
hinder, annoy, frighten, threaten, insult or interfere with any other
person or persons 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; nor shall any person
loiter upon any public thoroughfare or in any public place or in any
automobile, bus or other public or private conveyance upon any public
thoroughfare; nor shall any person trespass upon the property of another
without permission of the owner, occupant or lessee.
All other riotous conduct, indecent conduct,
breaches of the peace, vagrancy and prostitution not herein mentioned
are hereby prohibited within the Town of Dover.
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, by word, act, sign or other
device, invite, solicit or aid or abet in inviting or soliciting unlawful
sexual intercourse or any other unlawful, lewd, indecent or lascivious
act.
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 hereinbefore mentioned
are severally prohibited.
No person 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 any indecent or lewd dress; or shall make any indecent exposure
of his or her person; or be guilty of exhibiting or selling or offering
for sale any lewd or indecent book, picture or thing; or shall exhibit
or perform any indecent, immoral or lewd play or either representation
or behave in a lewd or indecent manner.
[Amended 7-10-2001 by Ord. No. 19-2001]
A.
No person shall commit an act of graffiti within the
Town of Dover.
B.
For the purposes of this chapter, "act of graffiti"
means the drawing, painting, or the making of any inscription on a
bridge, building, public transportation vehicle, block, wall, sidewalk,
street, or other exposed surface on public or private property without
the permission of the owner. There is hereby provided a reward of
$500 for the detection and apprehension of any person guilty of purposely
or knowingly damaging tangible property of another by an act of graffiti
in violation of N.J.S.A. 2C:17-3. The reward is to be payable after
conviction. The reward shall be paid to any person through the governing
body, acting upon the recommendation of the Chief of Police, whom
they deem entitled thereto. No reward, however, shall be paid to any
public employee whose duty it is to investigate or to enforce the
law or to the employee's spouse, child or parent, living in the same
household.
No person shall, within the limits of the town,
disrobe in any automobile, truck or vehicle while the same is upon
any public parking place, street, road, avenue, public park or other
public place.
No person shall, within the limits of the town,
bathe in a state of nudity, swim in a state of nudity or be found
in a state of nudity in the waters of any pond, stream or lake or
in waters adjacent thereto.
No person shall, intentionally and willfully,
look into any window, door or other opening of any house or building
with the intention of looking at or watching any person or persons
partially or completely disrobed therein or engage in the practice
of what is commonly known as a "peeping tom."
No person shall, within the limits of the town,
permit any house, shop, store or other building owned or occupied
by him or her to be frequented or resorted to by noisy, riotous or
disorderly persons or by prostitutes, gamblers or vagrants.
No person shall, within the limits of the town,
keep or maintain a disorderly house or a house of ill fame or allow
or permit any house, shop, store or other building or structure owned
or occupied by him or her to be used as a disorderly house or house
of ill fame.
No person shall disturb the exercises of any
school or molest or give annoyance to children attending such school
or any teacher therein.
No person shall, within the limits of the town,
go about from door to door or place himself or herself on any sidewalks,
street or streets or other public place or places to beg or gather
alms, unless said person shall first register with the Chief of Police
of the Town of Dover and unless said person shall have a permit from
the proper authorities if said permit is required by law.[1]
[Amended 7-26-1988 by Ord. No. 22-1988]
A.
Gambling in public places or places to which the public
is invited is hereby declared to be a prohibited act and a nuisance.
B.
"Gambling" is defined to mean staking or risking something
of value upon the outcome of a contest of chance or a future contingent
event not under the actor's control or influence, upon any agreement
or understanding that he or she will receive something of value in
the event of a certain outcome. "Something of value" means any money
or property, any token, object or article exchangeable for money or
property or any form of credit or promise directly or indirectly contemplating
transfer of money or property or of any interest therein or involving
extension of a service, entertainment or a privilege of playing at
a game or scheme without charge. "Contest of chance" means any contest,
game, pool, gambling scheme or gaming device in which the outcome
depends in a material degree upon an element of chance, notwithstanding
that skill of the contestants or some other person may also be a factor
therein.
A.
No person shall, within the limits of the town, maliciously
destroy, damage, deface or injure any property, public or private,
other than his own.
B.
No person shall intentionally, willfully or maliciously
destroy or injure any of the wires, posts, machines, bells, sirens,
boxes, locks or other apparatus of any police call system or fire
alarm system.
No person shall conduct himself or herself in
or about the Town of Dover having concealed upon him or her any picklock,
key, crow, jack, bit or other implement with an 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 mutilate or move any notice
or damage, destroy or remove any warning sign or signal or remove
any barricade placed or posted on any highway in connection with or
relating to the closing of any road; drive any vehicle over or upon
the closed portion of any highway; or violate any rule or regulation
for the use of any highway.
No person shall willfully and maliciously give
or cause to be given a false alarm of fire in any manner or a false
or fictitious police call in any manner; nor shall any person willfully
and maliciously make a false or fictitious report to any member of
the Police or Fire Department of the Town of Dover in any manner;
nor shall any person willfully and maliciously represent himself in
any telephone conversation to be another person or a fictitious person.
No person shall injure or damage any lights,
wires, poles or fixtures lawfully in or upon any street or other public
place.
No person shall, within the limits of the town,
throw or discard any tin cans, bottles, garbage or refuse of any kind
whatsoever on any public street or park or into the waters of any
pond, stream or lake or into waters adjacent thereto or discharge
any sewage or waste into said waters or any of them or pollute said
waters or any of them in any manner whatsoever.
No person shall throw any stone, stick, glass,
metal or other hard or offensive substance or shoot any revolver,
pistol, gun, air gun, slingshot or other device at, into or upon any
street or other public or quasi-public place or into any cars, vehicles
or private property not his own.
No person shall unnecessarily obstruct any sidewalk,
street, alley or public place in the Town of Dover with any kind of
vehicle or vehicles or with box or boxes, lumber, wood or any other
thing; but the provisions of this section shall not prevent persons
who are building from temporarily occupying such portion of the sidewalk,
street, alley or public place where a building permit has been properly
issued for the construction of said building.
No person shall, during an alarm of fire, willfully
hinder, prevent or deter in any manner or by any device whatsoever
any fireman or other persons from rendering lawful assistance in abating
or quelling such fire or willfully hinder or interfere with any fireman
from going to or returning from the place where any buildings or other
property is on fire or from which an alarm proceeds; nor shall any
person hinder or obstruct the passage of any fire engine, hook and
ladder truck or any fire apparatus in going to or from the place from
which an alarm of fire proceeds or where any building or other property
may be burning.
No person shall interfere with, hinder, disturb
or obstruct the proceedings, functions or deliberation of any public
or official body of the town.
No person shall hinder or obstruct any officer
of the law in the performance of his duties; nor shall any person
willfully refuse or neglect to assist any officer of the law when
lawfully called upon him to do so, in the execution of any process
or in the suppression of any breach of the peace or disorderly conduct
or in case of an escape, or when such officer is resisted in the discharge
of his duty; nor shall any person knowingly resist or oppose any officer
or person authorized by law in serving or attempting to serve any
writ, bill, order or process or when lawfully making any arrest.
No person shall unnecessarily use the horn or
other warning device of any vehicle so as to cause the horn or other
warning device to emit an unreasonably loud or harsh sound or whistle.
No person shall unnecessarily engage in the racing of any motor of
any motor vehicle so as to cause said motor to emit any unreasonably
loud sound; nor shall any person cause the motor of any motor vehicle
to backfire.
No person shall willfully engage in any fight,
assault, quarrel, brawl, battery or altercation; nor shall any person
participate in or incite by overt act or acts any disturbance or riot
or any unruly, boisterous, noisy, unlawful or disorderly assemblage
constituting a breach or disturbance of the peace.
A.
No person shall sell or distribute any alcoholic beverages
or sell or distribute the same for consumption on the premises without
having the proper license to do so.
B.
No person shall consume, sell or distribute any bootlegged
or unlicensed alcoholic beverages or alcoholic beverages obtained
from unlicensed sources or upon which the legal taxes have not been
paid.
C.
No person shall sell or distribute any alcoholic beverages
to a minor.
All fines imposed and collected under and by
virtue of this chapter shall be paid into the treasury of the Town
of Dover.
[Added 8-9-1994 by Ord. No. 26-1994]
[Amended 5-28-1996 by Ord. No. 19-1996; 4-9-2002 by Ord. No. 11-2002]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be subject to one or
more of the following: a fine not exceeding $1,250, imprisonment in
the county jail for a term not exceeding 90 days or a period of community
service not exceeding 90 days.
[Added 7-11-1995 by Ord. No. 22-1995]
A.
CANINE
PUBLIC EVENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An animal of the dog family.
Indoor or out-of-door activity sponsored either by the Town
of Dover or any of its agencies, commissions or departments; or by
a private organization which is open to all.
C.
It shall be unlawful to bicycle, rollerblade, rollerskate,
skateboard and/or utilize a scooter in areas in which public activities/events
are being held.
[Amended 7-10-2001 by Ord. No. 14-2001]
D.
It shall be a prerequisite to any charge of violation
hereof that the individual has first been directed by a police officer
to move on or to cease and desist and to have refused to obey the
police officer's direction.
E.
Any person violating this section shall, upon conviction
thereof, be subject to a fine not exceeding $100.
