Borough of Haledon, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Haledon as indicated in article histories. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 88.
Curfew — See Ch. 152.
Firearms — See Ch. 176.
Noise — See Ch. 243.
[Adopted 8-26-1968 by Ord. No. 8-12-68B (Ch. 86 of the 1984 Code)]
Under the provisions of N.J.S.A. 2A:48-1 et seq., the Mayor is charged with the responsibility of taking all legal means to protect the property attacked or threatened by reason of mobs or riots. Under the provisions of N.J.S.A. 40:48-1, Paragraph 6, the governing body of every municipality in the State of New Jersey is given the authority to make, amend, repeal and enforce ordinances to preserve the public peace and order and to prevent and quell riots, disturbances and disobedient assemblages. It is hereby found and determined to be necessary and in the best interest of the Borough of Haledon that appropriate power be vested in the Mayor to discharge the statutory duty to protect property or persons attacked or threatened by mobs or riots.
Whenever in the judgment of the Mayor or, in the event of his inability to act, the President of the Council, it is determined that an emergency exists as a result of mob action or other civil disobedience or damage to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the Borough:
To impose a curfew upon all or any portion of the Borough, thereby requiring all persons in the designated curfew areas to forthwith remove themselves from the public streets or other public places; provided, however, that persons performing essential public services may be exempt from such curfew. In addition, thereto, the Mayor shall have the power to prohibit the assemblage or presence of any person or persons during designated hours and in the areas designated.
To order to be closed any business establishment within the Borough for the duration of the declaration of emergency, such businesses to include but not be limited to those selling intoxicating liquors, gasoline or firearms.
To designate any public street, thoroughfare or vehicle parking area closed to motor vehicles or pedestrian traffic.
To call upon regular and auxiliary law enforcement agencies and organizations within or without the Borough to assist in preserving and keeping the peace within the Borough.
To issue such other orders as are imminently necessary for the protection of life and property.
The proclamation of emergency provided for herein shall become effective upon its issuance. A copy of the proclamation shall be posted at the Municipal Building and at police headquarters. Additionally, notice of the proclamation shall be given to persons assembled in the Borough by such means as shall be appropriate under the circumstances then existing. In addition thereto the Borough shall take such steps as are necessary to ensure the widest dissemination of the notice of proclamation which is reasonably possible under the circumstances.
Any emergency proclaimed in accordance with the provisions of this chapter shall terminate after 48 hours from the issuance thereof or upon the issuance of a proclamation determining the emergency to have terminated, whichever occurs first; provided, however, that the declaration of emergency may be extended for such additional periods of time as determined necessary by the Mayor or, in the event of his inability to act, the President of the Council.
Any person who shall willfully fail or refuse to comply with the orders of any duly authorized law enforcement officer or person charged with the responsibility of enforcing the proclamation of emergency authorized herein, or who shall otherwise fail to comply with the terms of the emergency proclamation, shall be deemed guilty of a violation of this chapter and, upon conviction thereof, shall be imprisoned in the county jail for a term not exceeding 90 days or shall forfeit and pay a fine not exceeding $500, or both.
[Adopted 2-21-2008 by Ord. No. 2-07-2008[1]]
Editor's Note: This ordinance also repealed former Art. II, Disorderly Conduct, adopted 6-13-1984 by Ord. No. 5-9-84E (Ch. 156 of the 1984 Code), as amended.
It is hereby found and declared that it is the public policy of the Borough of Haledon to maintain orderly conduct within the boundaries of the Borough of Haledon so as to foster and protect the public health, comfort, safety and welfare of its citizens. As a matter of legislative determination and public policy, the provisions, regulations and prohibitions of this article are in pursuance of and for the purpose of securing and promoting the comfort, peace and quiet to which the residents of the Borough of Haledon are entitled.
No person shall make, continue or cause or permit to be made or continued any unnecessary noise.
Unless exempted under the provisions of this Code or by operation of law, no person shall cause to be made, directly or indirectly, any loud noise which disturbs, injures or endangers the health, comfort, safety or welfare of others within the Borough of Haledon.
The following specific acts are recognized to be of a nature that cannot be effectively or reasonably measured with mechanical sound-measuring devices and are declared to be loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive:
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus, truck or other vehicle on any street, road or public place, except as a warning pursuant to the provisions of N.J.S.A. 39:3-69, or whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is held up for any reason.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling or other type of residence or of any persons in the vicinity.
The restrictions set forth in this article are separate and independent of those set forth in Chapter 243 and any other chapters of the Code of the Borough of Haledon.
The prohibitions contained in this article shall not apply to persons:
Who are engaged in the performance of any public or governmental function, such as the sounding of a church or school bell or a police, fire, ambulance, air raid or like disaster warning, alert or alarm, whether such alarm be for an actual emergency purpose or for practice or drilling purposes.
Who are engaged in a religious, charitable, recreational, civic or political activity by means of a sound truck or other amplifying device for nonprofit purposes, provided that such persons shall have first obtained a permit from the Borough of Haledon, upon written application setting forth the sponsorship, date, hours and routes of such activity. The Council shall not issue such permit unless, having considered the date, time and route, it shall determine that the noise created by such activity shall not cause undue discomfort to the public.
Who are engaged in any activity specifically permitted or required by any ordinance, resolution, statute or governmental regulation.
Who are employed by public utility companies engaged in emergency repair services between the hours of 6:00 p.m. and 8:00 a.m.; provided, however, that such noise does not exceed levels reasonably necessary to accomplish such work.
Urinating and/or defecating on any street, sidewalk or any other public place in the Borough of Haledon is hereby prohibited.
Any person who shall violate any of the provisions of this article or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment for a period not to exceed 90 days, or by both such fine and imprisonment.