[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth: Art. I, 4-25-1978 by Ord. No. 78-15, amended in its entirety 5-14-1997 by Ord. No. 97-8; Art. II, 6-9-1981 by Ord. No. 81-16. Subsequent amendments noted where applicable.]
Article I Unlawful Conduct
Article II Responsibility of Parents
[Adopted 4-25-1978 by Ord. No. 78-15; amended in its entirety 5-14-1997 by Ord. No. 97-8]
Expectorating or urinating in public. No person shall expectorate or urinate on any public street, public sidewalk or in any other public place or in any other place open to and used by the public or outdoors upon any private property.
Damage or destruction of public or private property. No person shall intentionally, knowingly or purposely damage or destroy public property or the property of another person.
Trespass. No person shall enter into or upon any public property or building within the Borough of Kenilworth except during normal working hours or when the property or building is open for a specific function or, in the case of a public park or recreation area, during the hours as designated and posted by the Department of Recreation, Police Department or Department of Public Works. Any person violating the provisions of this section shall be considered a trespasser.
A violation of this article shall be punishable by imprisonment not more than 90 days or a fine not to exceed $500, or by both such fine and imprisonment.
[Adopted 6-9-1981 by Ord. No. 81-16]
For the purpose of this article, the following words and phrases shall have the following meanings:
- VIOLATION OF THE PUBLIC PEACE
- A. Willfully defacing, damaging or destroying public or private property in the Borough of Kenilworth.
- B. Committing an assault against the person of another as defined in N.J.S.A. 2C:12-1.[Amended 9-24-1997 by Ord. No. 97-18]
- C. Consuming an alcoholic beverage or carrying an open container of alcoholic beverage on public property or on any public right-of-way within the Borough of Kenilworth.[Amended 9-24-1997 by Ord. No. 97-18]
- D. Using or possessing a controlled dangerous substance, as defined by the laws of New Jersey in the Borough of Kenilworth.
- E. Loitering in a public place in violation of Chapter 127 of the Code of the Borough of Kenilworth.
- F. Littering in violation of Chapter 125 of the Code of the Borough of Kenilworth.
- G. Committing any offense as defined in Chapters 33 and 34 of Title 2C of the New Jersey Statutes.[Amended 9-24-1997 by Ord. No. 97-18]
- Any person under the age of 18 years.
- Includes either or both parents of a minor, the legal guardians of the minor, or any other person having the custody and care of the minor. However, the term "parent" shall not include the parents or legal guardians of a minor who has been emancipated by reason of court order, military service or marriage.
Whenever a minor shall be taken into custody or detained for the commission of any violation of the public peace within the Borough of Kenilworth and the parent of such minor shall be immediately notified, in writing, by the Chief of Police of such custody or detention, the reasons therefor, and of the responsibility of the parents under this article.
When a minor is charged with a violation of the public peace and the court or the Kenilworth Juvenile Conference Committee, as agent of the court, makes an adjudication of delinquency, the Chief of Police shall forthwith serve written notice of said adjudication of delinquency upon the parents, setting forth the provisions of this article.
If at any time within 180 days of the giving of such notice mentioned in § 142-4, the minor shall again be convicted of a violation of the public peace, it shall be presumed that the parent of the minor permitted or suffered said minor to commit said violation.
It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage a minor to commit a violation of public peace as defined herein, either by overt act, by failure to act or by lack of supervision and control over such minor.
[Amended 9-24-1997 by Ord. No. 97-18]
Any person who shall violate the terms of this article shall be punished by a fine not to exceed $500, imprisonment for a period not to exceed 90 days, or both. However, the Municipal Court Judge may, in lieu of imprisonment, impose a term of community service not to exceed 90 hours.
Any person who violates the terms of this chapter two or more times in any twelve-calendar-month period shall, in addition to any imprisonment or community service imposed, be subject to an enhanced monetary fine of not less than $500 nor more than $1,000, in the court's discretion.
The remedy provisions of this article shall not be exclusive, and the state or any other person shall have the right to proceed under any legally available remedies.
If any section or portion of any section of this article shall be held to be invalid for any reason, such invalidity shall not affect the validity of the remaining sections or portions of sections of this article.