[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 12-2-1976 as Ch. 110 of the 1976
Code. Amendments noted where applicable.]
No persons shall make or aid, countenance or
assist in making any improper noise, riot, disturbance or breach of
peace in any street or public place, or disquiet or disturb any congregation
or assembly of any kind whatsoever in any church or other building
by any rude, disorderly or indecent behavior of any kind.[1]
No person shall interfere with the proper transaction
of business in any Municipal Court by any unruly, boisterous or otherwise
disorderly conduct in the courtroom or where such court is in session,
or by any offensive or abusive remarks to the Presiding Judge when
he or she is engaged in the discharge of his or her duties.
No person or persons shall, on the first day
of the week, commonly called "Sunday," assemble or meet in any street,
road, park, vacant lot or other place within the limits of the Township
of South Hackensack and there engage in any disorderly conduct, or
blow any horn or play upon any instrument on any street, road or other
public place without having first obtained permission therefor from
the Township Committee or its duly authorized officers.
[Amended 12-19-1996 by Ord. No. 96-14]
No person, persons or corporations shall conduct,
establish or maintain within the limits of the Township of South Hackensack
any show, performance, street meeting, parade, concert or exhibition
of a permanent or temporary character without first obtaining a permit
issued by the Township Committee after public hearing by the Township
Committee on an application to conduct the same.
No person or persons shall allow or permit his,
her or their home, shop, saloon or other place connected therewith
to be used, frequented or resorted to by riotous or disorderly persons,
drunkards, prostitutes, gamblers, vagrants or common mendicants, or
suffer or permit his, her or their house, shop, store, saloon or other
place as aforesaid to become riotous or disorderly at any time, whether
by day or night.
No person or persons shall use or pretend to
use or have any skill in physiognomy, palmistry or like crafty science,
or shall pretend to tell destinies or fortunes, within the limits
of the Township.[1]
No person or persons shall drive any vehicle over any hose or other apparatus or interfere with, willfully handle or do violence to any member of the Fire Department or any Township official in the performance of his or her duty at a fire or in charge of any apparatus, nor shall any person or persons raise, create or continue a false alarm of fire. A violation of this section shall be punishable as provided in § 158-8.
[Amended 12-19-1996 by Ord. No. 96-14; 2-14-2008 by Ord. No. 2008-02]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be punishable by a fine
not exceeding $2,000, imprisonment for a term not exceeding 90 days,
a period of community service not exceeding 90 days, or any combination
thereof.
[Added 9-10-1998 by Ord. No. 15-98; amended 4-8-1999 by Ord. No. 9-99]
A.
The use of those lands and premises known and designated
on the current assessment map of the Township of South Hackensack
as Lots 3.01 and 4.03 in Block 13.01 and commonly known as Veterans
Park on Phillips Avenue shall be regulated as follows:
(1)
Said park shall be closed to the public between 10:00
p.m. of any day and 7:00 a.m. of the following day, and it shall be
unlawful for any person or persons to enter or be thereupon during
those hours when it is closed except for pedestrians and joggers upon
the walking track contained therein for such purposes between 6:00
a.m. and 11:00 p.m. of any day and except for those in attendance
at and during a function sponsored by or duly sanctioned by the Township
that continues beyond the permitted hours.
(2)
The fence-enclosed area containing the juvenile recreational
equipment, known as "The Joseph Baeli Memorial Playground," shall
be closed between sunset of any evening and 7:00 a.m. of the next
day, and it shall be unlawful for any person or persons to enter or
be thereupon after the Police Department causes the gate thereto to
be locked approximately at the aforesaid closing time and until the
Police Department causes that gate to be reopened approximately at
the aforesaid opening time on the following day.
(3)
No person, except a child under the age of eight years
when supervised by a person of full age, shall operate a bicycle,
tricycle, moped, motor bike, go-cart, dune buggy, scooter, skateboard
or other like recreational vehicles, whether or not motorized, except
a vehicle intended and used to facilitate a disabled person, except
a vehicle used to transport an infant or small child pushed or supervised
by a person of full age and except roller skates or roller blades,
upon any walkway or pathway within said park during the hours between
7:00 p.m. of any day and 10:00 a.m. of the following day, unless the
operation thereof during the prohibited hours is part of a function
sponsored or sanctioned by the Township.
(5)
No person shall use the improved playing field commonly
known as the "softball/soccer field" located within said park unless
such use is pursuant to and in accordance with the terms of a permit
issued for that particular use by the Township Recreation Commission.
(6)
No person shall possess, serve or consume any alcoholic
beverages in or upon said park.
(7)
No person shall smoke any cigarettes, cigars, pipes
or any other tobacco or smoking products in or upon The Joseph Baeli
Memorial Playground.
(8)
No person shall permit or allow any dog of which that
person has the care, custody, control or ownership upon the subject
park unless the same is secured to that person by a leash which allows
that dog to run a distance no greater than five feet from that person.
(9)
No person shall walk a dog within said park unless
such person shall, at all such times, have on his or her person a
proper scoop and container or other efficient sanitary means for immediate
removal of any and all feces deposited by that dog within said park,
and such person shall forthwith remove any and all feces so deposited
and dispose of the same in a lawful manner.
(10)
No person shall either willfully or negligently cause
the destruction of any part of the subject premises or any improvement,
either natural or constructed, thereupon.
(11)
No person shall alter the configuration of or attempt
to improve any playing field within the said park or alter any markings
thereon without the approval of the Township Committee.
(12)
No person shall play or practice the game of golf
within said park.
(13)
No person shall throw, deposit or abandon any garbage,
refuse, rubbish or waste material within said park unless the same
is deposited within a public receptacle provided specifically for
the same and then only if it is such garbage, refuse, rubbish or waste
material produced by that person in the ordinary use of the park and
disposed in accordance with the regulations appearing on that receptacle,
if any.
(14)
No person using the subject park pursuant to an application granted by the Recreation Commission in accordance with § 63-2 of this Code shall in any way conduct him or herself in a manner contrary to any of the specific conditions lawfully imposed upon such use by the Recreation Commission in granting that application.
[Added 6-23-2000 by Ord. No. 5-00]
[Added 9-10-1998 by Ord. No. 14-98]
No person directly or indirectly acting as agent or otherwise shall sell, give or furnish to a minor under the age of 18 years any cigarettes made of tobacco or any other substance which can be smoked, any cigarette paper or any tobacco in any form including but not limited to smokeless tobacco. A violation of this section shall be punishable as provided in § 158-8.
[Added 9-10-1998 by Ord. No. 14-98]
No person who is the parent, legal guardian or other person acting in place of a parent or legal guardian or person who is responsible for the care and welfare of a minor under the age of 18 years shall allow that minor to possess any cigarettes made of tobacco or of any other substance which can be smoked, any cigarette paper or tobacco in any form, including but not limited to smokeless tobacco. A violation of this section shall be punishable as provided in § 158-8.
[Added 9-10-1998 by Ord. No. 14-98]
No person, firm or corporation shall offer for sale or sell any product made from the tobacco plant, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco or snuff, which product is for the purpose of smoking or chewing, or other personal use through a vending machine or any other such automated self-service device which, upon insertion therein of money, tokens or any other form of payment, or without consideration paid therefor, dispenses such product. No person, firm or corporation after 30 days from the adoption of this prohibition shall have or permit upon any premises open to the public any vending machine or any such other device described herein for the sale of any tobacco product described in this section. Each sale violative of this section shall constitute a separate violation of this section. Each violation shall be punishable as provided in § 158-8. Further, the Health Officer may suspend the retail food establishment license for a period of not more than 30 days of any premises upon which there is a violation of this section, and any license for the sale or consumption of alcoholic beverages issued under this Code may be suspended in the manner provided by law for a period not to exceed 30 days as to any premises upon which there has been a violation of this section.
[Added 11-4-1999 by Ord. No. 15-99]
Excepted from the prohibition contained in § 158-12 shall be vending machines, although located in premises open to the public, which are nevertheless located in portions of such premises physically separate from the public portions thereof and into which separate portions of the public are not permitted access, so long as such machines are used only by the operators or employees of the business upon those premises who are at least 18 years of age for the purpose of obtaining therefrom the tobacco products for their own use or for person-to-person resale to patrons of the premises who are at least 18 years of age.
[Added 9-10-1998 by Ord. No. 14-98]
A.
Prohibition. It shall be unlawful for any minor under
the age of 18 years to possess any cigarettes made of tobacco or any
other substance which can be smoked, any cigarette paper or any tobacco
in any form, including but not limited to smokeless tobacco, unless
any such tobacco, smoking substance or cigarette papers are in a sealed
package and carried by said minor who has been authorized and directed
by an adult to obtain and carry the same for the adult's use only.
B.
Prosecution. The prosecution of any minor under the
age of 18 years charged under this section shall be within the exclusive
jurisdiction of the Family Part of the Chancery Division of the Superior
Court of New Jersey to which such a minor shall be surrendered and
all pleadings and process shall be transferred to said court in accordance
with N.J.S.A. 2C:4-11 and Rule 5:19 of the New Jersey Rules of Court
as a Juvenile Delinquency Action.
[Added 10-8-1998 by Ord. No. 16-98]
Between the hours of 11:00 p.m. and 6:00 a.m. of any day, no operator of any automotive truck shall cause or allow the idling of the engine of such automotive truck for more than one minute after such truck has come to a stop or more than three minutes before such truck moves under its own power to another place while such truck is stationary upon any public street or any other premises within this Township if such truck is within 100 feet of or upon any lot immediately adjacent to the outside boundary of any property used for residential purposes, within 100 feet of or upon any lot immediately adjacent to the outside boundary of any residential zone as indicated on the current Zoning Map of this Township or anywhere within any such residential zone. No owner of any property nor any other person in charge of the operation of any property shall cause or allow the aforeproscribed idling of an automotive truck engine upon that property. Exempt from this prohibition shall be the operation of an engine upon an automotive truck which is independent of the engine which propels that truck and which serves to refrigerate the cargo of such truck so long as the operation of that independent refrigerating engine is necessary to the preservation of that cargo when and only for so long as there are no reasonable means to refrigerate or unload that cargo. A violation of this section shall be punishable as provided in § 158-8.
[Added 10-8-1998 by Ord. No. 17-98]
No person except a child under the age of 8 years when supervised by a person of full age shall operate a bicycle, tricycle, moped, motorbike, go-cart, dune buggy, scooter, skateboard or other like recreational vehicles, whether or not motorized, except a vehicle intended and used to facilitate a disabled person, except a vehicle used to transport an infant or small child pushed or supervised by a person of full age, and except roller skates or roller blades, upon any walkway or pathway within Veterans Park on Phillips Avenue between the hours of 6:00 a.m. and 10:00 a.m. of any day or between the hours of 7:00 p.m. and 10:00 p.m. of any day unless the operation thereof is part of a function sponsored or sanctioned by the Township. A violation of this section shall be punishable as provided in § 158-8.
[Added 10-12-2000 by Ord. No. 18-00]
A.
It shall be unlawful for any person under the age
at which a person is authorized to purchase and consume alcoholic
beverages (N.J.S.A. 9:17B-1b, 21 years of age) who, without legal
authority, knowingly possesses or knowingly consumes an alcoholic
beverage on private property unless under the following circumstances:
(1)
When such possession or consumption is in connection
with a religious observance, ceremony or rite; or
(2)
When such possession or consumption is in the presence
of and with the permission of a parent, a person who has, qualified
as a guardian of that underaged person pursuant to testamentary or
court appointment or a person of or over the age at which a person
is authorized to purchase and consume alcoholic beverages who is related
to that underaged person by blood or affinity; or
(3)
When such possession or consumption is by any such
underaged person while actually engaged in the performance of employment
by a person who is licensed under the Alcoholic Beverage Law of the
State of New Jersey or by any such underaged person while actively
engaged in the preparation of food during his or her enrollment in
a culinary arts or hotel management program at a county vocational
school or post-secondary educational institution; however, nothing
in this exception to the contrary shall preclude the imposition of
a penalty under N.J.S.A. 33:1-81 or under any other section of the
law against a person who is convicted of unlawful alcoholic beverages
activity on or at premises licensed for the sale of alcoholic beverages.
B.
A violation of this section shall be punishable by
a fine of $250 for the first offense and $350 for any subsequent offense.
In addition to the fines authorized herein, the Court may suspend
or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the court shall forward a report
to the Division of Motor Vehicles stating the first and last day of
the suspension or postponement period imposed by the court pursuant
to this section. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years. If a person at the time of the imposition of
a sentence has a valid driver's license issued by this state, the
court shall immediately collect the license and forward it to the
Division along with the report. If for any reason the license cannot
be collected, the court shall include in the report the complete name,
address, date of birth, eye color and sex of the person, as well as
the first and last date of the license suspension period imposed by
the court. The court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, the person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40. If a person
convicted under such an ordinance is not a New Jersey resident, the
court shall suspend or postpone, as appropriate, the nonresident driving
privilege of the person based on the age of the person and submit
to the division the required report. The court shall not collect the
license of a nonresident convicted under this section. Upon receipt
of a report by the court, the Division shall notify the appropriate
officials in the licensing jurisdiction of the suspension or postponement.
[Added 3-8-2001 by Ord. No. 4-01]
No person, firm or corporation shall operate a scavenger service, which, for the purposes of this prohibition, is defined to be the business of collecting solid waste, refuse, rubbish, garbage or any other waste material (other than such materials lawfully deposited in the sewerage system) left upon any premises for the purpose of collection and disposal except between the hours of 6:00 a.m. and 5:00 p.m. of any day of the week except Sunday. A violation of this section shall be punishable as provided in § 158-8.
[Added 8-8-2002 by Ord. No. 16-02]
No person shall, in a public place or a place
open to the public, engage in sexual intercourse as the same is defined
in N.J.S.A. 2C:14-1 or appear in a state of nudity as the same is
defined herein or fondle the genitals of himself, herself or another
person either directly or through clothing.
A.
For the purposes of this prohibition, "nudity" means
the showing of the human male or female genital, pubic area or buttocks
with less than a fully opaque covering; the showing of the female
breast with less than a fully opaque covering of any part of the nipple;
the exposure of any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, natal cleft, perineum anal
region or pubic hair region; or the exposure of any device worn as
a cover over the nipples and/or areola of the female breast, which
device simulates and gives the realistic appearance of nipples and/or
areola.
B.
For the purposes of this prohibition, a "public place"
includes all outdoor places owned by or open to the general public
and all buildings and enclosed places owned by or open to the general
public, including places of entertainment, taverns, restaurants, clubs,
theaters, dance halls, banquet halls, party rooms or halls and including
any of those such places that are limited to specific members, restricted
to adults or to patrons invited to attend and including any such places
whether or not an admission charge is levied.
C.
Excepted from the prohibition contained herein against
appearing in a state of nudity shall be any child under the age of
10 years and any person exposing a breast in the process of breastfeeding
an infant under the age of two years.
[Added 8-8-2002 by Ord. No. 16-02]
No person, firm or corporation shall knowingly operate, maintain or lease to another any premises described in § 158-18B hereof with the intention that such premises or any part thereof be used for or in connection with the conduct of acts prohibited in § 158-18 hereof. Any violation of any prohibitions contained in this section shall be punishable as provided in § 158-8.
[Added 7-10-2003 by Ord. No. 2003-11]
No person, firm or corporation shall, for the purpose of having the same collected, deposit or cause the deposit of any solid waste, garbage, trash, refuse, rubbish, recyclables or any other waste materials in the right-of-way in front of or in the front yard of any residential premises earlier than 4:00 p.m. on the day before that collection is scheduled, and it shall be unlawful to allow such materials so deposited which have not been collected as intended to remain in such location after 8:00 p.m. on the date on which it was intended that such materials be collected. For the purposes hereof, a “front yard” shall be as defined in § 208-1 of this Code. Any violation of either of the aforesaid prohibitions shall be punishable as provided in § 158-8 of this Code.
[Added 9-11-2003 by Ord. No. 2003-15]
A.
No person shall operate a moving motor vehicle upon
any public right-of-way within the Township of South Hackensack while
holding a cellular telephone to or in proximity to that person’s
ear. Excepted for this prohibition are the following:
(1)
Any person using a cellular telephone for the sole
purpose of communicating with any of the following regarding an emergency
situation: an emergency response operator; a hospital, physician’s
office or health clinic; an ambulance company or corps; a fire department,
district or company; or a police department.
(2)
Any of the following persons while in the performance
of their official duties: a police officer or peace officer; a member
of a fire department, district or company; or the operator of a governmentally
authorized emergency vehicle.
(3)
Any person using a hands-free cellular telephone.
[Added 4-20-2006 by Ord. No. 2006-07]
A.
Residency restrictions. No person over the age of
18 who has been convicted or plead guilty to a violation of any crime
against a minor as listed in N.J.S.A. 2C:7-2 and who as a result of
the same is required to register with the authorities pursuant to
N.J.S.A. 2C:7-1 et seq., Registration and Notification of Release
of Certain Offenders, shall be permitted to reside, live, work or
congregate within 2,500 feet of a school, park, playground or day-care
center within the Township. The residency terms of this section shall
not apply to any individual who has established residency prior to
April 15, 2006. All other terms of this section shall apply upon passage
and publication as required by law.
B.
Obligations to relocate. Any person who resides, lives
or works within 2,500 feet of a school, park, playground or day-care
center shall have 60 days from receipt of written notification from
the Township to move to a location within the Township or elsewhere
that complies with the terms of this section.
[Added 12-12-2019 by Ord. No. 2019-09]
It shall be unlawful for any person to urinate upon public or
private property except within facilities designated for said purpose.
A violation of this provision shall be punishable by a fine not to
exceed $2,000, imprisonment for a term not to exceed 90 days and/or
community service not to exceed 90 days.
