Borough of Roselle, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 20.
Unsolicited advertising matter — See Ch. 35.
Alcoholic beverages — See Ch. 37.
Bicycles — See Ch. 43.
Building construction — See Ch. 46.
Fire prevention — See Ch. 66.
Littering — See Ch. 78A.
Loudspeakers and sound amplifiers — See Ch. 80.
Noise — See Ch. 81A.
Peddling and soliciting — See Ch. 85.
[Adopted 7-29-1960 by Ord. No. 1037[1]]
[1]
Editor's Note: The provisions of this chapter are derived from Chapter 11 of the Revised Ordinances of the Borough of Roselle adopted 7-29-1960 by Ord. No. 1037.
No person shall go about from door to door or place himself in the streets to beg or gather alms.
It shall be unlawful for any person to use a bow and arrow for the purpose of hunting, play, sport, target practice or for any other purpose whatsoever except at such places as may be designated archery ranges by resolution of the Mayor and Council.
It shall be unlawful for any person to carry a bow and arrow unless the device is completely enclosed in a carrying case or other container and so disarmed as to render it ineffective for the purpose for which it was constructed.
A. 
No person shall disturb the quiet of the Borough or any lawful assembly of persons or any neighborhood, family or person by any loud or unnecessary noise with kettles, drums, horns, bells or other articles, or by shouting or by using any profane, indecent or obscene language, or by any indecent conduct whatsoever, or by quarreling, assaulting or fighting or by destroying or injuring property of another.
B. 
No person shall loiter on any street or any public place and utter loud and offensive or indecent language or make offensive remarks to or concerning any person passing along or being upon such street or public place, or obstruct or interfere with any person lawfully there present.
No person shall keep or maintain a disorderly house or a house of ill fame, or allow or permit any house, shop, store or other building owned or occupied by him to be used as a disorderly house or house of ill fame or to be frequented or resorted to by riotous or disorderly persons, prostitutes, gamblers or vagrants.
No person shall be intoxicated in any street, highway, thoroughfare or other public place.
No person shall knowingly by word or act give expression to false reports as to fires.
No person shall set off or discharge any toy pistol, pistol, revolver, gun, rifle, cannon or firearm of any description, or discharge or fire any squib, firecrackers, rocket, roman candle or other combustible fireworks; provided, however, that nothing contained herein shall be construed to extend to interfere with the use of firearms by federal, state, county and Borough officials in the performance of their duty, military maneuvers or target practice or the use of firearms in the lawful defense of person, family or property.
It shall be unlawful for any person to sell, offer for sale or possess any firecracker, rocket, toy pistol, squib, roman candle, fire balloon or any other combustible fireworks or any article for making pyrotechnic displays; provided, however, that the Council may grant permission to give public pyrotechnic displays of fireworks in accordance with state law.
A. 
No person shall set up, keep or maintain, or permit to be set up, kept or maintained, in any house or premises, any faro table, faro bank, roulette wheel or other device or game of chance for the purpose of gambling, or any boxing ring, cockpit or other place for men or animals to fight.
B. 
No person shall hold or permit to be held in any house or premises any dogfight, cockfight, prizefight or any sparring contest for a purse or prize money.
C. 
No person shall deal, play or engage in faro, roulette or other games of chance either as banker, player, dealer or otherwise for the purpose of gambling.
It shall be unlawful to distribute, deposit or leave at any place, public or private, a medicine or preparation represented to cure ailments or diseases, or a sample thereof and any advertisements relating thereto; provided, however, that this section shall not prohibit the delivery of any such article by handing the same to any person above the age of 12 years willing to accept it.
No person shall interfere with religious services or with any persons going to or returning from any place where religious or other services have been held.
A. 
It shall be unlawful to construct or maintain an electric power line carrying greater voltage than 33 kilovolts without first obtaining a permit therefor from the Council. No charge shall be made for such permit. The applicant shall first file plans and specifications which shall show the course and route of such proposed line in or through the Borough of Roselle. Such line shall be installed underground at a minimum depth of six feet below grade. It shall be backfilled by and laid in at least six inches of sand. It shall be standard underground pipe-type cable, lead-covered, to be no less than the standard minimum AEIC specification as to voltage, herein adopted. Such line shall be encased in an enclosed, sealed and welded steel pipe with protective sheath, having a somatic coating. Such pipe may be either oil- or gas-filled and shall be capable of withstanding any maintained pressure.
B. 
This section shall not apply to the construction of electric light and power lines carrying less than 33 kilovolts nor transmission lines of any type which carry less than 33 kilovolts.
[Added 10-12-1970 by Ord. No. 1250[1]]
A. 
Inhalation prohibited. No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent which has the property of releasing toxic vapors or fumes. Nothing in this subsection shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.
B. 
Use or possession. No person shall, for the purpose of violating Subsection A above, use or possess for the purpose of so using any glue containing a solvent having the property of releasing toxic vapors or fumes.
C. 
Sale prohibited; exceptions. No person shall sell, give or otherwise transfer to any other person under the age of twenty-one (21) any glue containing a solvent having the property of releasing toxic fumes or vapors. Nothing herein contained shall be considered applicable to the sale of a model kit containing as a part thereof a tube or other container of such glue, nor shall this section be considered applicable to the sale of a tube or other container of any such glue immediately in conjunction with the sale of a model kit requiring the use of approximately such quantity of glue for the assembly of said model where no glue is supplied in said kit. Nothing herein contained shall be applicable to the transfer of a tube or other container of such glue from a parent to his child or from a guardian to his ward.
D. 
Registration; reports and records. No person shall sell any tube or any other container of glue containing solvents having the property of releasing toxic vapors or fumes unless he shall first:
(1) 
Register his name and address with the Chief of Police of the Borough of Roselle.
(2) 
File a report of each purchase he has made of said glue within 10 days of said purchase, stating:
(a) 
The date of the purchase.
(b) 
The person from whom purchased.
(c) 
The quantity purchased.
(d) 
The commercial name of said substance.
(3) 
Prior to said sale, require the purchaser to:
(a) 
Exhibit means of identifying himself.
(b) 
Sign, in the seller's presence, a register.
(c) 
Record in said register:
[1] 
The date of purchase.
[2] 
Quantity purchased.
[3] 
Commercial name of the substance purchased.
[4] 
The driver's license number or social security number of the purchaser.
Said register shall be kept for a period of one year and shall be available for inspection during normal business hours by officers and members of the Roselle Police Department.
E. 
Purchase under fictitious name. No person shall use a fictitious name or shall use or sign a name other than his legally given name to obtain any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes.
F. 
Definitions. As used in this section, the word "person" includes individuals, partnerships, corporations, associations, executors, administrators, guardians, trustees and agents, and the phrase "glue containing a solvent having the property of releasing toxic vapors or fumes" includes any glue, cement or other adhesive containing one or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or toluene.
[1]
Editor's Note: The provisions of this amendment were adopted 10-12-1970 by Ord. No. 1250 and included as Sections 11-13.1 through 11-13.6 of the Revised Ordinances of the Borough of Roselle adopted 7-29-1960 by Ord. No. 1037.
[Amended 1-8-1975 by Ord. No. 1338]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment in the county jail for a term not exceeding 90 days, or both.
[Adopted 9-19-2007 by Ord. No. 2281-07]
The Borough Council of the Borough of Roselle, New Jersey, hereby finds and declares that graffiti is detrimental to the health, safety and welfare of the community and that there is a perception in the community that the laws protecting public and private property can be disregarded with impunity. This perception fosters a sense of disrespect of the law that results in an increase of crime, is detrimental to the property values of the community, degrades the community and leads to urban blight and is inconsistent with the Borough of Roselle's property maintenance goals and aesthetic standards.
A. 
Graffiti results in visual pollution and is hereby deemed a public nuisance.
B. 
It is the purpose of this chapter to provide a mechanism in which individuals may be prosecuted for defacing public and private property.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Roselle, New Jersey.
DEFACE
To cover, mark, write on, paint, color or otherwise mar, disfigure or draw whatsoever on any private or public property of any nature, without the express consent of the owner.
GRAFFITI
Any form of inscription, word, figure, marking or design that is marked, etched, scratched, drawn down or painted on any building, structure, fixture or other improvement, whether permanent or temporary, including, by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property, or the owner's authorized agent, which is visible from the private right-of-way.
INDELIBLE MARKER
Any felt tip marker, China marker or similar device that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.
KNOWINGLY
Includes knowledge or information which a parent should reasonably be expected to have pertaining to the marking of graffiti. It is intended to include and require neglectful or careless parents to maintain a reasonable community standard of parental respectability through an objective test. There shall be no defense of a parent who is indifferent to the activities or conducts of a minor in his or her custody, when he or she has knowledge of an individual's actions that are not in compliance with this chapter.
MINOR or JUVENILE
Used interchangeably and shall mean any person under the age of 17, any person less than 17 years of age or any person who has not celebrated his or her 17th birthday.
OWNER
The owner of record of the property as set forth in the records of the Tax Assessor for the Borough of Roselle.
PARENT
Any person to whom legal custody of a juvenile has been given by court order or is acting in the place of the parent or is responsible for the care and welfare of the juvenile and shall include:
A. 
Natural or adoptive parents.
B. 
Legal guardians.
C. 
A person who stands in loco parentis.
D. 
A person to whom legal custody has been given by court order.
PUBLIC PLACE
Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle use for public transportation, parking lot or any other parking, public building, structure or any municipal parking signs, etc., or area.
The following acts are prohibited:
A. 
No person shall willfully or maliciously damage, deface or vandalize any public or private property by painting, writing, drawing or otherwise inscribing in any fashion graffiti thereon without the express permission or consent of the owner. However, this prohibition shall not apply to easily removable (which are water soluble) chalk markings on public sidewalks or streets, written or drawn in connection with traditional children's games, or in any lawful business or public purpose or activity.
B. 
It shall be unlawful to aid anyone in defacing public or private property.
C. 
No person shall possess a spray container or indelible marker in any public place or on any public facility or private property with the intent to use the same to deface said public building, property or private property, absent express permission to the contrary.
It should be unlawful for a parent, as defined in § 83-17 of this chapter, having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in his or her control to place graffiti on any private or public property, as defined in § 83-17 of this chapter.
A. 
Any minor under the age of 17 years found by a police officer to be in violation of this chapter shall be brought to the Borough Police Headquarters or to his home, where the minor shall be released to his or her parent or guardian or a responsible adult. The parent, as defined in § 128-2, shall be immediately notified and required to report to police headquarters to procure the juvenile.
B. 
When a parent immediately called has come to take charge of the juvenile and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If a parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that, in accordance with police regulations promulgated by the Chief of Police, approved in advance for juvenile authorities, the juvenile may temporarily be entrusted to an adult, relative, neighbor or other person who will, on behalf of the parent, assume responsibility for caring for the juvenile pending availability of the parent or guardian.
C. 
In the case of a first violation by the juvenile, the juvenile and parent shall receive, both in person and by certified mail, a written warning notice from the officer in charge of the police station indicating the circumstances under which the minor was found to be in violation of this chapter.
D. 
If the minor has been convicted of violating this chapter on a prior occasion within six months of the date of the present violation, there shall be a presumption that, whenever a minor has been convicted for a violation of this chapter, the parent or guardian having care of the minor knew or should have known of the minor's violation of this section.
A. 
Adults who are not parents of offenders as defined in § 128-2 of this chapter. Any adult who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following penalties:
(1) 
A fine of not less than $500 and not exceeding $1,000.
(2) 
Imprisonment not to exceed 90 days.
(3) 
A period of community service not to exceed 90 days.
B. 
Juveniles and/or parent violators as defined in § 83-19 of this chapter.
(1) 
After the receipt of a warning notice pursuant to § 83-20C of a first violation by a juvenile, when a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section. Violators of this chapter shall be required to perform community service of a period not to exceed 90 days and may be subject to a fine of not less than $500 but no more than $1,000. Additionally, any parent having the care or custody of a minor found to be in violation of this section, if it is adjudged that both the juvenile and the juvenile's parents violated this graffiti chapter, they shall be required to perform community service together.
(2) 
If a minor has been found to violate this chapter twice within a six-month period, the minor shall receive a summons and complaint from the police officer who apprehended the minor for the violation of this chapter.
(3) 
If a juvenile is found to be in violation of this chapter on three occasions within six months, then the juvenile as well as the parent having the care and custody of the minor shall receive a summons and complaint for the violation of this chapter.
(4) 
Any juvenile who violates any of the provisions of this graffiti chapter as contained in § 83-18 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, Borough Attorney or Prosecutor or their designee may proceed to file such charges with the Superior Court of New Jersey Family Part as he or she may deem appropriate.
All fines collected shall be placed in a special account to be used as assistance to homeowners for removing graffiti not to exceed 70% of the total cost. (It is presumed that 30% of the fees collected are needed to defray court costs.) This account will also be used to purchase graffiti cleaning equipment.
A. 
Requirement to remove graffiti. The occupant, lessee, agent and/or landlord of any commercial premises which has any form of graffiti on any building or structure shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface within 10 business days after notice to the occupant, lessee, agent and/or landlord by the Chief of Police (or his designee) to remove the same.
B. 
Remedy. If said graffiti is not corrected within 30 business days after written notice is issued, then the Borough of Roselle shall have the right to issue a summons and to enter the premises to remove the graffiti and/or repaint the premises, and the cost of the removal of the graffiti and/or repainting shall be at the sole cost and expense of the occupant, lessee, agent and/or landlord of said building or structure. The actual cost of the removal of the graffiti and/or repainting, plus the cost of inspection of said graffiti and/or repainting and other costs incidental to such removal, shall be certified by the Chief Financial Officer to the Borough Council and therefore shall be entered as a lien upon the real property upon which the graffiti was found to be placed and shall be added to and become a part of the taxes to be assessed against and levied on the real property, and the same shall be collected and reinforced in the same manner as taxes.
A reward of $250 shall be paid to any person who provides information or assistance leading to the apprehension and conviction of any person violating this chapter. This reward shall be payable after conviction out of a fund established for this purpose, but no reward shall be paid to any public employee whose duty it is to investigate or enforce this chapter. This Chief of Police is hereby authorized to grant such reward with the consent of the Borough Council, and said reward shall only be given upon notification by the Municipal Court that the matter has been adjudicated.