Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth: Art. I, 5-7-1929 as Ord. No. 94; Art. II, 4-26-1955 as Ord. No. 55-6. Sections 97-3 and 97-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 94.
[Adopted 5-7-1929 as Ord. No. 94]

§ 97-1 Possession of certain items prohibited; exceptions.

It shall be unlawful for any person or persons, firm or corporation to sell or offer for sale, or have within his or its custody or possession, any toy pistol, squib, firecracker, rocket, Roman candle or fire balloon, or any combustible fireworks, or any article for making pyrotechnic displays, provided that this Article shall not be construed to prohibit the Borough of Kenilworth from granting permission to any person or persons, firm or corporation to give pyrotechnical displays of fireworks in the public highways, squares or parks of the borough at such times and under such conditions as the Borough of Kenilworth shall think proper.

§ 97-2 Discharging or firing of certain items prohibited; exceptions.

No person shall fire any toy pistol, revolver, gun, rifle, cannon or firearms of any kind, or discharge or fire any squib, firecracker, Roman candle or other combustible fireworks, within the Borough of Kenilworth after the adoption of this Article, provided that this section shall not apply to any person or persons who shall be engaged in any public duty under the authority of the borough, the state or the federal government.

§ 97-3 Violations and penalties. [1]

Any person, firm or corporation violating this Article or any section thereof shall, for each offense, be liable for and shall pay, upon conviction of each violation, a fine of not more than $500 and costs or, in default of the payment of the fine imposed, shall be imprisoned in the county jail for not exceeding 90 days.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 4-26-1955 as Ord. No. 55-6]

§ 97-4 Discharge or use within borough prohibited.

Except as hereinafter excepted, no person shall discharge or use any air rifle, air gun, spring gun, slingshot, bow and arrow, shotgun or firearm of any kind, or any other missile-projecting device or contrivance, of any kind within the Borough of Kenilworth.

§ 97-5 Possession by minor prohibited.

Except as hereinafter excepted, no parent, guardian or person standing in loco parentis of any minor under the age of 16 years shall purchase for such minor or shall knowingly permit such minor who is in his or her care or custody to purchase, have, hold, possess, own, use, handle or play with any of the articles or guns or devices described in § 97-4.

§ 97-6 Applicability.

This Article shall not apply to any of the following or under any of the following circumstances:
A. 
Any member of any police department or any other person duly authorized by law to use such weapons or devices nor to any person warranted when circumstances require the use of such weapons in the defense, of his life, limb or property.
B. 
Any person not under the age of 16 years who carries such weapon to any place outside the Borough of Kenilworth for hunting or any other lawful purposes.
C. 
Any person not under 16 years of age who carries, fires or uses any such instrument within the Borough of Kenilworth for the purpose of military drill under competent supervision or for the purpose of competition or target practice in and upon a firing range approved by the governing body of the Borough of Kenilworth.
D. 
Any person under the age of 16 years who carries, fires or uses any such instrument or weapon in the presence of his father, guardian or some other responsible adult person, or for the purpose of military drill under competent supervision, or for the purpose of competition or target practice in and upon a firing range approved by the governing body or the Chief of Police of the municipality in which such range is located.
E. 
Any person under the age of 16 years while carrying any bow and arrow to any target range, provided that prior thereto the accredited organization or person conducting any such military drill, competition or target practice shall notify the Chief of Police of the time and place of such event and provide a list of the persons under 16 years of age who intend to carry a bow and arrow to such place, and provided further that such minor shall have a certificate of such organization or person authorizing the carrying of such bow and arrow designating the time when and places between which said bow and arrow is to be carried, and provided further that while such bow and arrow is being carried to or from such place the string on such bow shall not be taut so as to be able to project any arrow.

§ 97-7 Sale of bows and arrows and slingshots restricted.

No person shall offer for sale any bows and arrows to any person under 16 years of age, and no person shall offer for sale any slingshots or similar device in the Borough of Kenilworth.

§ 97-8 Purpose.

The purpose of this Article is to promote the safety of persons and property of the inhabitants of the Borough of Kenilworth.

§ 97-9 Violations and penalties. [1]

Any person violating any of the provisions of this Article shall, upon conviction thereof, be subject to a fine of not more than $500 or be imprisoned in the county jail for a period of not more than 90 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 97-10 Construal of provisions.

This Article shall not be construed to authorize the commission of any act otherwise forbidden by law.