New Brunswick Disorderly ordinances

• New Brunswick Disorderly ordinances
  Title 9 - PUBLIC PEACE, MORALS AND WELFARE

  Chapters:
• Chapter 9.04 - OFFENSES AGAINST PUBLIC PEACE AND DECENCY

  Sections:
• 9.04.010 - Games of chance regulated.

  A.

  Permit Required. No person shall deal, play or engage in faro, roulette, lottery, numbers games, dice, or other games of chance either as a banker, stockholder, player, dealer or participant or otherwise for the purpose of gaming or gambling for money or other valuable thing unless a permit has been obtained from the proper state authorities and/or proper city authorities if a permit is required by law.

  B.

  Machines Prohibited. No person shall play for money or other valuable thing, with any slot machine or device in the nature of a slot machine or any other instrument, machine, equipment, apparatus or device of chance. No person shall have on his or her premises any of the machines mentioned above and used for playing for money or other valuable thing.

  (Prior code §§ 6-12.1, 6-12.2)
• 9.04.020 - Drinking in public places.

  A.

  Drinking in Public. It is unlawful for any person to have in his or her possession and to consume alcoholic beverages in public.

  B.

  Definition of Public Place. "Public place" means any place to which the public has access and includes any street, highway, road, alley, boardwalk or sidewalk. It also includes the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds areas, parks and marinas as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter or in case of a minor, not owned or under the control of his or her parent or guardian.

  C.

  Definition of Consumption. "Consumption" means the actual consumption or constructive consumption where the individual is found to have intoxicating beverages in his or her possession with the seal or cap broken and with the cap or top off the container.

  (Prior code §§ 6-16.1—6-16.3)
• 9.04.030 - Urination and defecation in public places.

  A.

  It is unlawful for any person to urinate or defecate in public.

  B.

  Definition of Public Place. "Public place" means any place to which the public has access and includes any street, highway, road, alley, boardwalk or sidewalk. It also includes the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas, parks, and marinas, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section or, in case of a minor, not owned or under the control of his or her parent or guardian.

  C.

  Notwithstanding the general penalty set forth in Chapter 1.08, the following penalties apply:

  1.

  Any person convicted of a violation of this section involving public urination shall, in addition to any other penalty imposed, pay a minimum mandatory fine of one hundred fifty dollars ($150.00) which is not suspended or waived by the court.

  2.

  Any person convicted of a violation of this section involving public defecation shall, in addition to any other penalty imposed, pay a minimum, mandatory fine of two hundred fifty dollars ($250.00) which is not suspended or waived by the court.

  (Ord. No. O-110904, § 1, 11-20-09; Prior code § 6-25)
• 9.04.040 - Cigarette vending machines prohibited.

  A.

  In view of indiscriminate sales of cigarettes to minors by automatic vending machines, all cigarette vending machines are prohibited in the city.

  B.

  Penalty. Any individual, corporation, partnership or such similar entity owning, operating, renting or permitting the use of a cigarette vending machine on premises under his, her, their or its control is subject to a fine of two hundred fifty dollars ($250.00). Each day on which such a vending machine is operated on the premises is considered a separate violation and the penalty is assessed for each such offense.

  (Prior code § 6-31)
• 9.04.050 - Disorderly conduct.

  A.

  It is unlawful for any person within the city of New Brunswick to engage in any of the following activities:

  1.

  To make any indecent exposure or exhibition of any kind in or upon any street, road, highway, place, alley or lane, public or private in the city; or

  2.

  To expose to public view, within the aforesaid city, his or her genitals, pubic hair, buttocks, anal region or pubic hair region; or

  3.

  To engage, within the aforesaid city, in any practice to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or

  4.

  To engage, within the aforesaid city, in any practice, while passing on the streets or sidewalks, to annoy persons sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or

  5.

  To possess a radio, phonograph, tape or cassette player, television, musical instrument loudspeaker, or amplifier, or other machine or device for the electronic or stereophonic production or reproduction of sound that is operated on any public street, highway, building, sidewalk, park, recreation area, thoroughfare, or other public place, and any vehicle on a public street, area, thoroughfare, or other public place, and any vehicle on a public street, highway or public space that disturbs the quiet enjoyment of the city; or

  6.

  Reserved; or

  7.

  To sleep in any parked vehicle in any location in the city.

  B.

  Penalty. Any person found guilty of violating any of the provisions of this section, upon conviction, shall pay a fine not to exceed two thousand dollars ($2,000.00) and/or be subject to imprisonment for not more than ninety (90) days, or both.

  (Ord. No. O-051503, § 1, 5-20-15; Ord. No. O-051502, § 2, 5-20-15; Ord. O-120606 § 1, 2006)
• 9.04.060 - Aggressive soliciting, begging and panhandling.

  A.

  Declaration of Findings and Policy. The city of New Brunswick, acting by and through its city council, hereby makes the following findings:

  1.

  The city of New Brunswick has a duty to protect the rights of all people to exercise their First Amendment rights safely. The city of New Brunswick has a compelling governmental interest in imposing certain reasonable time, place and manner regulations whenever potential First Amendment activities such as begging, solicitation and panhandling occur on streets, highways, sidewalks, walkways, plazas, and other public venues within the city;

  2.

  This section is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in constitutionally protected activities. The provisions of this section are expressly established to most narrowly tailor any such restrictions to protect the First Amendment rights of all people within the city as well as the rights of non-participating people and their property, and to ensure the rights and safety of all people and/or property to the fullest extent possible;

  3.

  Persons approached by individuals asking for money, objects or other things of any value are particularly vulnerable to real, apparent or perceived coercion when such request is accompanied by or immediately followed or preceded with aggressive behavior such as:

  a.

  Continuing to beg or solicit from a person after the person has given a negative response or has ignored such solicitation;

  b.

  Touching another person or their property in the course of begging or soliciting without that person's consent;

  c.

  Blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means;

  d.

  Using violent or threatening gestures which are likely to provoke an immediate violent reaction from the person who is the subject of the solicitation or request for money;

  e.

  Closely following behind, ahead or alongside a person who has been solicited or asked for money after that person has given a negative response to such solicitation;

  f.

  Using profane, threatening, or abusive language, either during the solicitation or begging or following a refusal;

  g.

  Begging or soliciting money from anyone who is waiting in line for tickets, entering a public building or riding on public transportation;

  h.

  Begging or soliciting in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear imminent bodily harm, danger or damage to or loss of property or otherwise to be intimidated into giving money or any other thing of value; or

  i.

  Begging or soliciting in a group of two or more persons in an intimidating fashion.

  4.

  The city desires to respect a person's potential right to solicit, beg or panhandle while simultaneously protecting other's right to not be coerced.

  5.

  The city further finds that aggressive soliciting, begging or panhandling of persons within twenty-five (25) feet of any outdoor seating area of any cafe, restaurant or other business, bank, automated teller machine, automated teller machine facility, check cashing business, mass transportation facility, mass transportation stop, or pay telephone also subjects people being solicited to improper and undue influence and/or fear and should not be allowed.

  6.

  Persons approaching other individuals in an aggressive manner asking for money, objects or other things of any value after dark in public places inspire alarm and fear, which coupled with the inherent difficulty of establishing identity should not be allowed.

  B.

  Purpose and Intent. The public purpose of this section is to protect the rights of all people to exercise their First Amendment rights as well as the people and/or property of those who chose not to participate.

  C.

  Definitions. As used in this section, the following words and terms shall have the meanings indicated. The meaning of all other terms and words not specifically defined shall be their generally accepted definition:

  "Aggressive manner" shall mean:

  1.

  Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value;

  2.

  Continuing to solicit from a person after the person has given a negative response to or ignored such soliciting;

  3.

  Intentionally touching or causing physical contact with another person or their property without that person's consent in the course of soliciting;

  4.

  Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

  5.

  Using violent or threatening language, language and/or gestures and/or gestures toward a person being solicited;

  6.

  Following the person being solicited, with the intent of asking that person for money or other things of value;

  7.

  Soliciting money from anyone who is stationary, such as waiting in line for tickets, for entry to a building or for any other purpose;

  8.

  Soliciting in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear immediate bodily harm, danger or damage to or loss of property or otherwise be intimidated into giving money or any other thing of value;

  9.

  Begging in a group of two or more persons in an intimidating fashion;

  10.

  Soliciting any person within twenty-five (25) feet of the entrance to, or parking area of, any bank, automated teller machine, automated teller machine facility, check cashing business, mass transportation facility, mass transportation stop, public restroom, pay telephone or theatre or place of public assembly, or of any outdoor seating area of any cafe, restaurant or other business;

  11.

  Soliciting any person in public after dark, which shall mean the time from one-half hour before sunset to one-half hour after sunrise.

  "Automated teller machine" shall mean a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments which are made available to banking customers.

  "Automated teller machine facility" shall mean the area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers during and after regular banking hours.

  "Bank" shall mean the same as defined in N.J.S.A. 17:20-1 a.(1).

  "Beg," "begging" or "panhandling" shall be synonymous and shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. "Solicit" or "soliciting" shall include using the spoken, written, or printed word, bodily gestures, signs, or other means of communication with the purpose of obtaining an immediate donation of money or other thing of value and also include the offer to immediately exchange and/or sell any goods or services.

  "Check cashing business" shall mean the same as that defined by Chapter 15A of N.J.S.A. Title 17.

  "Public place" shall mean a place to which the public has access, including, but not limited to: a place which a governmental entity has title, any street open to public use, bridge, sidewalk, walkway, driveway, parking lot, plaza, transportation facility, school, park, or playground, and the doorways and entrances to building and dwellings.

  D.

  Prohibited Activity. It shall be unlawful for any person to beg, panhandle or solicit any other person in an aggressive manner. Any police officer observing any person violating this provision may request or order such person to cease and desist such behavior and may issue a summons to such person if the person fails to comply with such request or order.

  E.

  Penalty. Any person found guilty of violating this subsection D of this section shall be punished by a fine not to exceed fifty dollars ($50.00) for each such day during which the violation is committed, continued or permitted, or, the court may impose such community service as it shall determine in lieu of a monetary fine.

  (Ord. No. O-051503, § 3, 5-20-15)
• Chapter 9.08 - LOITERING

  Sections:
• 9.08.010 - Loitering for sale, purchase or use of controlled dangerous substances.

  A.

  Definitions. For the purpose of this section: "controlled dangerous substances" means any substance so defined in N.J.S. 2C:35-2, as amended from time to time. "Public place" means any street, sidewalk, bridge, alley or alleyway, park driveway, parking lot, or the doorways and entrance ways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the city.

  B.

  Unlawful Loitering. It is unlawful for a person to remain or wander about in the public place in a manner and under circumstances manifesting a purpose to engage in a violation of any subsection of N.J.S. 22C:35-1 et seq. or 2C:36-1 et seq., as enumerated herein:

  1.

  Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation, coupled with an exchange of money or objects;

  2.

  Repeatedly stopping or attempting to stop motor vehicles, coupled with an exchange of money or objects;

  3.

  Repeatedly passing to or receiving from passers-by, whether on foot or in a vehicle, money or objects; or

  4.

  Assisting another person in the above-cited activities, by participating therein or by alerting the actor to the presence or proximity of law enforcement personnel.

  C.

  Violation—Penalty. A person violating any provision of this section is a disorderly person and is punishable as provided by Chapter 1.08.

  (Prior code §§ 6-22.1—6-22.3)
• 9.08.020 - Loitering for prostitution.

  A.

  Definitions. For the purpose of this section: "public place" means any street, sidewalk, bridge, alley or alleyway, park driveway, parking lot, or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the city.

  B.

  Unlawful Loitering. It is unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting a purpose to engage in a violation of N.J.S. 2C:34-1 et seq., as enumerated herein:

  1.

  Repeated beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation, coupled with exchange of money;

  2.

  Repeatedly stopping or attempting to stop motor vehicles, coupled with an exchange of money;

  3.

  Repeatedly passing to or receiving from passers-by, whether on foot or in a vehicle, money or objects; or

  4.

  Assisting another person in the above-cited activities, by participating therein or by alerting the actor to the presence or proximity of law enforcement personnel.

  C.

  Violation—Penalty. Any person violating any provision of this section is a disorderly person and is punishable as provided by Chapter 1.08.

  (Prior code §§ 6-23.1—6-23.3)
• Chapter 9.12 - DRUG-FREE SCHOOL ZONES

  Sections:
• 9.12.010 - Map adopted.

  In accordance with and pursuant to the authority of L. 1988, c.44 (C.2C.35.7), the drug-free school zone map, dated January 2011, produced by the city engineer of the city is approved and adopted as the official finding and record of the location and areas within the municipality of property which are used for school purposes and which are owned by or leased to any elementary or secondary school or school board, and of the areas on or within one thousand (1,000) feet of such school property.

  Schools:

  Lincoln School

  Livingston School

  Lord Stirling School

  McKinley School

  McKinley Kindergarten Center

  New Brunswick High School

  Paul Robeson School

  Roosevelt School

  A. Chester Redshaw School

  Woodrow Wilson School

  NB Health Sciences Technology High School

  NB Middle School

  NB Redshaw and Lincoln Schools (Satellite Sites)

  Other City of New Brunswick Board of Education Owned or Leased Properties or Buildings:

  Central Office Administration

  Adult Learning Center

  Middlesex County Academy

  Receiving Department

  TCU

  School Security, and Department of Research Evaluation Testing and Monitoring

  Pupil Personnel Services

  Paul Robeson School Annex

  Other Elementary and/or Secondary Schools:

  Greater Brunswick Charter School

  Anshe Emeth School

  (Ord. No. O-011102, § 1, 2-16-11; Prior code § 6-32.1)
• 9.12.020 - Official finding.

  The drug-free school zone maps approved and adopted pursuant to Section 9.12.010 continue to constitute the official finding and record as to the location and boundaries of areas on or within one thousand (1,000) feet of property owned by or leased to any elementary or secondary school or school board which are used for school purposes until such time if any that this chapter is amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.

  (Prior code § 6-32.2)
• 9.12.030 - Notification of changes.

  The school board, or the chief administrative officer in the case of any private or parochial school, is directed and shall have the continuing obligation to promptly notify the city engineer and the city attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.

  (Prior code § 6-32.3)
• 9.12.040 - Copies on file.

  The clerk of the municipality is directed to receive and to keep on file the originals of the maps approved and adopted pursuant Section 9.12.010, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is further directed that a true copy of such map and of this chapter is provided without cost to the county clerk and to the office of the Middlesex County prosecutor.

  (Prior code § 6-32.4)
• 9.12.050 - Additional matters.

  The following additional matters are determined, declared, recited and stated:

  A.

  It is understood that the maps approved and adopted pursuant to Section 9.12.010 were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to state law, such maps constitute prima facie evidence of the following:

  1.

  The location of elementary and secondary schools within the municipality,

  2.

  The boundaries of the real property which is owned by or leased to such schools or a school board,

  3.

  That such school property is and continues to be used for school purposes, and

  4.

  The location and boundaries of areas which are on or within one thousand (1,000) feet of such school property.

  B.

  All of the property depicted on the map approved and adopted as school property was owned by a school or school board and was used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (C. 2C:35-7).

  C.

  Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Section 9.12.010. The failure of the map approved to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, are not deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.

  D.

  All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of drug-free school maps have been complied with.

  (Prior code § 6-32.5)
• 9.12.060 - Changes authorized by council.

  If in the event there are technical or administrative changes that have to be made to one of the above listed maps, the changes not to include the change or alteration of the one thousand (1,000) foot radius line, in that event, the change is authorized by council resolution.

  (Prior code § 6-32.6)
• Chapter 9.16 - GRAFFITI

  Sections:
• 9.16.010 - Definitions.

  "Minor" means any person under the age of eighteen (18) years.

  "Wide felt tip markers" means one in which the surface designated for writing or marking purposes is equal to or greater than one-eighth of an inch.

  (Prior code § 6-19.1)
• 9.16.020 - Prohibited conduct.

  A.

  No person sells or otherwise transfers any spray paint or wide felt tip marker to a minor unless the minor is accompanied by a parent or legal guardian at the time of purchase or transfer.

  B.

  No minor shall, at the time of purchase of any spray paint container or wide felt tip marker furnish fraudulent evidence of majority.

  C.

  No minor shall, except while accompanied by a parent or legal guardian, possess a spray paint container or wide felt tip marker on any public property or any private property except with the express permission of the lawful owner or manager of the private property.

  D.

  Absent express permission to the contrary by the owner or other person having control thereof, it is unlawful for any person to possess a spray paint container, liquid paint in cans or other containers or a wide felt tip marker in any public building or upon any public facility or private property with intent to use the same to deface the building, facility or property. Any person who possesses a spray paint container, liquid paint in cans or other containers, or a wide felt tip marker in any public building, or upon any public facility or private property with no legitimate or lawful purpose therefor, shall be prima facie presumed to have possessed the same with the intention of using such container, can or paint to deface the building, facility or property.

  (Prior code § 6-19.2)
• 9.16.030 - Accessibility.

  In any place of business where spray paint or wide felt tip markers are sold, such spray paint and wide felt tip markers are placed and/or stored behind the counter or in such other locations on the premises where not directly accessible to the public.

  (Prior code § 6-19.3)
• 9.16.040 - Penalties.

  A.

  Any person found guilty of violating any of the provisions of this chapter, upon conviction, pays a fine not to exceed one thousand two hundred fifty dollars ($1,250.00) or is subject to imprisonment for not more than ninety (90) days or both.

  B.

  Notwithstanding the provisions of subsection (A) herein, for a first offense involving the actual defacing or marring any private or public property, a person have been convicted of same is subject to a fine of not less than two hundred fifty dollars ($250.00) and a period of imprisonment of not less than ten (10) days, except that the court may lower such term for each day served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances.

  C.

  For a second or subsequent violation involving the actual defacing or marring of any private or public property, a person having been convicted of same is subject to a fine of not less than five hundred dollars ($500.00) and is sentenced to imprisonment for a term of not less than ten (10) days, which term is not suspended and is ordered by the court to perform community service for a period of thirty (30) days which is of such form and on such terms as the court deems appropriate under the circumstances.

  (Ord. O-110202 § 1 (part), 2002; prior code § 6-19.4)
• Chapter 9.20 - FIREARMS

  Sections:
• 9.20.010 - Findings.

  The city council finds and determines that:

  A.

  The residential and commercial neighborhoods of the city are such that the discharge of firearms would pose a serious threat to the public health, safety and welfare of the citizens;

  B.

  Existing ordinances of the city are inadequate to meet the public safety needs and protect the citizens of the city in this connection; and

  C.

  Existing state statutes are inadequate to meet the safety needs and protect the citizens of the city.

  (Prior code § 6-26.1)
• 9.20.020 - Definitions.

  As used in this chapter:

  "Firearm" or "firearms" means and includes any pistol, revolver, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or other firearm as the term is commonly used, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.

  It also includes, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol, carbon dioxide or compressed air gun or pistol, or other weapon of similar nature in which the propelling force is a spring, carbon dioxide, compressed or other gas, or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than 3/8 of an inch in diameter, with sufficient force to injure a person.

  "Pistol" or "revolver" means and include any firearm with an overall length of less than twenty-six (26) inches, or a shotgun having a barrel or barrels of a length less than eighteen (18) inches, or a rifle having a barrel length less than sixteen (16) inches.

  "Rifle" and "shotgun" means and includes all other firearms with overall length of twenty-six (26) inches or greater, provided the length of the barrel or barrels, if a shotgun, is eighteen (18) or more inches, and if a rifle is sixteen (16) or more inches.

  "Machine gun" or "automatic rifle" means any weapon, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition, which can be loaded into the weapon, mechanism or instrument and fired therefrom.

  "Cannon" or "destructive device" means any instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber greater than .60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes. The term does not include any device manufactured for the purpose of illumination, distress signaling, line throwing, safety or similar purpose.

  (Prior code § 28-1)
• 9.20.030 - Discharge prohibited.

  No person shall fire or discharge within the limits of the city any rifle, shotgun, cannon or other destructive device, machine gun, automatic rifle, pistol, revolver, or firearm of any description.

  (Prior code § 28-2)
• 9.20.040 - Exceptions.

  This chapter shall not apply to the following:

  A.

  Military exercises;

  B.

  Police officers charged with the enforcement of the law if such officers are on duty;

  C.

  The use of a properly licensed firearm in defense of life or property;

  D.

  Use of blank cartridges for signal purposes in athletic events.

  (Prior code § 28-3)
• 9.20.050 - Violations—Penalties.

  Any person or persons violating this chapter is, upon conviction in the municipal court of the city, subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or both.

  (Prior code § 28-4)

 8.60.070 - Violations and penalties.