Wednesday, August 26, 2020

Assault by Auto 2c:12-1 c(1)

 Assault by Auto

2c:12-1 c(1) 

A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another.  

Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. 

Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly

Monday, August 17, 2020

COVID-19 – UPDATE ON COURT OPERATIONS DURING PHASE 2 OF THESUPREME COURT’S POST-PANDEMIC PLAN

 COVID-19 – UPDATE ON COURT OPERATIONS DURING PHASE OF THESUPREME COURTPOST-PANDEMIC PLAN

The Supreme Court’s Post-Pandemic Plan (issued June 10, 2020) outlines in general terms the transition from Phase 1 (fully remote operations) to Phase 2 (incremental return of limited numbers of judges and court staff to Judiciary facilities). This notice provides additional guidance on current and future court operations, including as to ongoing monitoring and potential responses to statewide and local COVID-19 trends.

(1) On-Site Presence and In-Person Events

The Court’s Post-Pandemic Plan summarizes the phases of the gradual return to court facilities and in-person services as follows:

  • Phase 1: (March 18-June 21, 2020) Status Quo / Remote Operations less than 5% of judges and staff onsite; buildings closed to attorneys and the public

  • Phase 2: (June 22, 2020) Gradual and Limited Return – starting with up to 10-15% of judges and staff onsite; certain matters that cannot proceed remotely may be conducted onsite

  • Phase 3: New Operations – ongoing remote operations with gradually increasing onsite events, eventually including new jury trials; up to 50-75% of judges and staff onsite (with staggered schedules)

  • Phase 4: Ongoing Model – once a vaccine is available and/or herd immunity is established; up to 75-80% of judges and staff onsite

    As stated in the Plan, the intent during Phase 2 was to start with up to 10-15% of judges and staff on-site. As intended, that percentile range already has supported the resumption of certain matters than could not proceed remotely.

    This notice provides clarification on two important issues. First, in addition to matters that require consent to proceed remotely, judges may determine to schedule an in-person event based on the individual facts and circumstances of a case. Second, the percentages outlined in the Plan are a framework that may be adjusted based on the fluid nature of the evolving COVID-19 crisis. This means, for example, that during Phase 2 there may be a particular day when more than 10-15% of judges and staff could be on-site. On other dates, less than 10% of judges and staff may work on-site. Consistent with public health recommendations, court operations that can be performed remotely should be conducted remotely, subject to ongoing adjustment.

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(2) Monitoring and Responding to Public Health Trends

Consistent with the June 10, 2020 Post-Pandemic Plan, the Judiciary is continuing to monitor specific COVID-19 trends, including hospitalizations, new cases, and deaths, both at the statewide and local level. We also are reviewing additional factors, including but not limited to the statewide transmission rate and reports of local flare-ups or new clusters of COVID-19 cases, including those arising from crowded gatherings convened in contravention of current Executive Orders.

In addition to staying abreast of statewide pronouncements, the Judiciary recognizes the potential for emergency declarations by individual counties. While that situation to date has not occurred, restrictions on movement within a city or municipality could have a significant effect on vicinage-level court operations. Among potential scenarios, for example, attorneys and litigants should not be directed to appear for in- person court events if doing so would conflict with a regional stay-at-home order.

As the COVID-19 crisis evolves, the Judiciary will continue to monitor: (i) statewide and local public health trends, including but not limited to those highlighted in the June 10, 2020 Plan; (ii) state-level orders and advisories that affect in-person gatherings; and (iii) any local declarations that restrict members of any community from accessing and participating in in-person court events.

(3) Potential Future Operational Adjustments

The fluid nature of the COVID-19 public health situation requires agility and adaptability. To the extent that public health trends and other factors support a gradual transition to Phase 3 (increased on-site presence and more in-person court events), the Post-Pandemic Plan will proceed as announced on June 10, 2020. However, if those trends and factors suggest that such greater on-site presence would present untenable risks to judges, court employees, and court users, then the Judiciary would instead hold steady in Phase 2 – or, conceivably, even revert to Phase 1 (fully remote operations). Any statewide decision to move forward, or to move back, will be made by the Chief Justice and the Administrative Director in consultation with the Assignment Judges and Trial Court Administrators. Court operations also may need to be adjusted at the county or vicinage level, possibly even on short notice (e.g., based on new local restrictions).

The Judiciary will continue to provide information about current court operations, including on its public website njcourts.gov. Questions about this notice should be directed to the Office of the Administrative Director of the Courts at (609) 376-3000.

https://www.njcourts.gov/notices/2020/n200812b.pdf?c=2uk

Wednesday, July 29, 2020

Grounds for denial of expungement relief. 2C :52-14.

Grounds for denial of expungement relief. 2C :52-14.  
A petition for expungement filed pursuant to this chapter shall be denied when:

a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief.

b. The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter. An application may be denied under this subsection only following objection of a party given notice pursuant to N.J.S.2C:52-10 and the burden of asserting such grounds shall be on the objector.

c. In connection with a petition under N.J.S.2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.

d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.

e. Except as set forth in subsection a. of section 7 of P.L.2019, c.269 (C.2C:52-5.3) concerning a "clean slate" expungement petition, the person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition. This provision shall not apply:

(1) When the person is seeking the expungement of a municipal ordinance violation or,

(2) When the person is seeking the expungement of records pursuant to N.J.S.2C:52-6.

f. (Deleted by amendment, P.L.2017, c.244)

amended 2009, c.188, s.3; 2017, c.244, s.5; 2019, c.269, s.12.

Tuesday, July 28, 2020

2C:52-10.1 Future System to electronically file expungement applications

2C:52-10.1 Future System to electronically file expungement applications


2C:52-10.1 System to electronically file expungement applications
   11. a. (1) No later than twelve months after the effective date of this section, the Administrative Office of the Courts shall develop and maintain a system for petitioners to electronically file expungement applications pursuant to N.J.S.2C:52-1 et seq.  The e-filing system shall be available Statewide and include electronic filing, electronic service of process, and electronic document management.

   (2)   The system shall, in accordance with N.J.S.2C:52-10, electronically notify and serve copies of the petition and all supporting documents upon the Superintendent of State Police, the Attorney General, and each county prosecutor as described in that section.

   (3)   The system shall electronically compile a listing of all possibly relevant Judiciary records for an expungement petitioner and transmit this information to all parties served with copies of the petition and all supporting documents in accordance with paragraph (2) of this subsection.

   b.   Upon receipt of the information from the court pursuant to paragraphs (2) and (3) of subsection a. of this section, the Superintendent of State Police, the Attorney General, and the county prosecutor of any county in which the person was convicted shall, within 60 days, review and confirm, as appropriate, the information against the person's criminal history record information files and notify the court of any inaccurate or incomplete data contained in the information files, or of any other basis for ineligibility, if applicable, pursuant to N.J.S.2C:52-14.

   c.   The court shall provide copies of an expungement order to the person who is the subject of the petition and electronically transmit the order to the law enforcement and criminal justice agencies which, at the time of the hearing on the petition, possess any records specified in the order in accordance with N.J.S.2C:52-15.

   L.2019, c.269, s.11.

2C:52-10 Service of expungement petition and documents new law

2C:52-10 Service of expungement petition and documents
 a. Until the date that the e-filing system is established by the Administrative Office of the Courts pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), a copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon the magistrate of that court. Service shall be made within 5 days from the date of the order setting the date for the hearing upon the matter.

   b.   On and after the date that the e-filing system is established pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), a copy of each petition, together with a copy of all supporting documents, shall, upon their filing, be served electronically pursuant to the rules of court upon the Superintendent of State Police, the Attorney General, the county prosecutor of the county wherein the court is located, and the county prosecutor of any county in which the petitioner was convicted, using the e-filing system.

   amended 2019, c.269, s.10.

Sunday, July 19, 2020

Revised Rule 3:4-2. First Appearance After Filing Complaint; Prehearing Rights Advisement

Revised Rule 3:4-2. First Appearance After Filing Complaint; Prehearing Rights Advisement 
(a) Time of First Appearance. Following the filing of a complaint the defendant shall be brought before a judge for a first appearance as provided in this Rule. 
(1) If the defendant remains in custody and the prosecutor has not filed a motion for pretrial detention, the first appearance shall occur within 48 hours of a defendant’s commitment to the county jail, and shall be before a judge with authority to set conditions of release for the offenses charged. However, if a motion for pretrial detention is filed prior to the first appearance, the first appearance shall occur in conjunction with the pretrial detention hearing and shall be before a Superior Court judge. If the motion for pretrial detention is withdrawn prior to the first appearance, then the first appearance shall occur no later than the next business day after the withdrawal of the motion and shall be before a Superior Court judge or a judge designated by the Chief Justice. 
(2) If a defendant is released on a complaint-summons, the first appearance shall be held no more than 60 days after the issuance of the complaint- summons or the defendant's arrest. 
(b) First Appearance; Where Held. All first appearances for indictable offenses shall occur at a centralized location and before a Superior Court judge or a judge designated by the Chief Justice. If the defendant is unrepresented at the first appearance, the court is authorized to assign the Office of the Public Defender to represent the defendant for purposes of the first appearance. 
(c) Discovery. 
(1) If the prosecutor is not seeking pretrial detention, the prosecutor at or before the first appearance shall provide the defendant with a copy of any available preliminary law enforcement incident report concerning the offense and the affidavit of probable cause. 
(2) If the prosecutor is seeking pretrial detention, the prosecutor no later than 24 hours before the detention hearing shall provide the defendant with (A) the discovery referenced in subparagraph (1) above, (B) all statements or reports relating to the affidavit of probable cause, (C) all statements or reports relating to additional evidence the State relies on to establish probable cause at the hearing, (D) all statements or reports relating to the factors listed in N.J.S.A. 2A:162-18(a)(1) that the State advances at the hearing, and (E) all exculpatory evidence. 
(d) Procedure in Indictable Offenses. At the defendant's first appearance before a judge, if the defendant is charged with an indictable offense, the judge shall 
provide the following information but may omit the information in subparagraphs (1) through (5) when that information has been provided at a prehearing rights advisement conducted pursuant to paragraph (h) of this Rule: 
(1) give the defendant a copy of the complaint and inform the defendant of the charge; 
(2) inform the defendant of the right to remain silent and that any statement may be used against the defendant; 
(3) inform the defendant of the right to retain counsel and, if indigent, the right to be represented by the public defender; 
(4) ask the defendant specifically whether he or she wants counsel and record the defendant's answer on the complaint; 
(5) provide the defendant who asserts indigence with an application for public defender services, which the defendant shall complete and submit at that time for immediate processing by the court, unless the defendant affirmatively and knowingly waives the right to counsel; 
(6) inform the defendant that there is a pretrial intervention program and where and how an application to it may be made; 
(7) inform the defendant that there is a drug court program and where and how to make an application to that program; 
(8) inform the defendant of his or her right to have a hearing as to probable cause and of his or her right to indictment by the grand jury and trial by jury, and if the offense charged may be tried by the court upon waiver of indictment and trial by jury, the court shall so inform the defendant. All such waivers shall be in writing, signed by the defendant, and shall be filed and entered on the docket. If the complaint charges an indictable offense which cannot be tried by the court on waiver, it shall not ask for or accept a plea to the offense; 
(9) set conditions of pretrial release, when appropriate as provided in Rule 3:26, unless a motion for pretrial detention has been filed or granted; and, 
(10) schedule a pre-indictment disposition conference to occur no later than 45 days after the date of the first appearance. 
(e) Procedure in Non-Indictable Offenses. At the defendant's first appearance before a judge, if the defendant is charged with a non-indictable offense, the judge shall provide the following information but may omit the information in subparagraphs (1) through (4) when that information has been provided at a prehearing rights advisement conducted pursuant to paragraph (h) of this Rule: 
(1) give the defendant a copy of the complaint and inform the defendant of the charge; 
(2) inform the defendant of the right to remain silent and that any statement may be used against the defendant; 
(3) inform the defendant of the right to retain counsel and, if indigent and entitled by law to the appointment of counsel, the right to be represented by a public defender or assigned counsel; 
(4) assign counsel, if the defendant is indigent and entitled by law to the appointment of counsel, and does not affirmatively, and with understanding, waive the right to counsel; and 
(5) set conditions of pretrial release as provided in Rule 3:26 if the defendant has been committed to the county jail, unless a motion for pretrial detention has been filed or granted. 
(f) Trial of Indictable Offenses in Municipal Court. If a defendant who is charged with an indictable offense that may be tried in Municipal Court is brought before a Municipal Court, that court may try the matter provided that the defendant waives the rights to indictment and trial by jury. The waivers shall be in writing, signed by the defendant, and approved by the county prosecutor, and retained by the Municipal Court. 
(g) Waiver of First Appearance By Written Statement. Unless otherwise ordered by the court, a defendant charged on a complaint-summons (CDR-1) for an indictable offense and who is represented by an attorney and is not incarcerated may waive the first appearance by electronically filing, at or before the time fixed for the first appearance, a written statement in a form prescribed by the Administrative Director of the Courts, signed by the attorney, certifying that the defendant has: 
(1) received a copy of the complaint and has read it or the attorney has read it and explained it to the defendant; 
(2) understands the substance of the charge; 
(3) been informed of the right to remain silent and that any statement may be used against the defendant; 
(4) been informed that there is a pretrial intervention program and where and how an application to it may be made; 
(5) been informed of the right to have a hearing as to probable cause, the right to indictment by the grand jury and trial by jury, and if applicable, that the offense charged may be tried by the court upon waiver of indictment and trial by jury, if in writing and signed by the defendant; 
(6) been informed of the date of the pre-indictment disposition conference held pursuant to Rule 3:4-6, which shall occur no later than 45 days after the date of the first appearance; and 
(7) been informed that there is a drug court program and where and how to make an application to that program. 
The written statement waiving the first appearance shall be electronically filed with the court, and notification provided to the County Prosecutor or the Attorney General, if the Attorney General is the prosecuting attorney. 
(h) Prehearing Rights Advisement. If a motion for pretrial detention is filed prior to the first appearance, the defendant shall be brought before the court within 48 hours of the defendant’s confinement to the county jail for a proceeding before a Superior Court judge or a judge designated by the Chief Justice at which the court shall provide to the defendant the information set forth in paragraph (d)(1) through (5) of this Rule or, in the case of a defendant charged with a non-indictable offense, paragraph (e)(1) through (4) of this Rule and advise the defendant of the date when the pretrial detention hearing is scheduled to be held, which shall be on a date within three working days of the date of the filing of the motion for pretrial detention. 
Note: Source -- R.R. 3:2-3(b), 8:4-2 (second sentence). Amended July 7, 1971 effective September 13, 1971; amended April 1, 1974 effective immediately; text of former Rule 3:4-2 amended and redesignated paragraphs (a) and (b) and text of former Rule 3:27-1 and -2 amended and incorporated into Rule 3:4-2, July 13, 1994 to be effective January 1, 1995; paragraphs (a) and (b) amended June 28, 1996 to be effective September 1, 1996; paragraph (b) amended January 5, 1998 to be effective February 1, 1998; caption amended, paragraphs (a) and (b) deleted, new paragraphs (a), (b), (c), and (d) adopted July 5, 2000 to be effective September 5, 2000; new paragraph (e) adopted July 21, 2011 to be effective September 1, 2011; paragraph (a) amended, new paragraph (b) added, former paragraphs (b), (c), and (e) amended and redesignated as paragraphs (c), (d), and (f), and former paragraph (d) redesignated as paragraph (e) April 12, 2016 to be effective September 1, 2016; paragraphs (a) and (b) amended, subparagraph (c)(1) amended, new subparagraphs (c)(1)(A) and (c)(1)(B) adopted, subparagraphs (c)(9) and (c)(10) amended, new subparagraph (c)(11) adopted, subparagraphs (d)(3) and (d)(4) amended, and new subparagraph (d)(5) adopted August 30, 2016 to be effective January 1, 2017; paragraph (a) amended December 6, 2016 to be effective January 1, 2017; subparagraph (c)(1) amended May 10, 2017 to be effective immediately; paragraph (f) amended July 28, 2017 to be effective September 1, 2017, subparagraph (a)(1) amended, paragraph (b) amended, new paragraph (c) adopted, former paragraph (c) amended and redesignated as paragraph (d), former paragraph (d) amended and redesignated as paragraph (e), former paragraph (e) redesignated as paragraph (f), and former paragraph (f) redesignated as paragraph (g) July 27, 2018, to be effective September 1, 2018; caption amended, paragraphs (a)(1), (d), (e) amended, and new paragraph (h) adopted May 26, 2020 to be effective June 8, 2020. 

Expungement Directive Criminal/ Municipal Court Directive - Expungement Order (CN 12621) - Expungement of Arrests Not Resulting in Conviction or Adjudication of Delinquency

Criminal/ Municipal Court Directive - Expungement Order (CN 12621) Expungement of Arrests Not Resulting in Conviction or Adjudication of Delinquency (N.J.S.A. 2C:52-6) 
Court Directive June 29, 2020 
This Supplement to Directive #02-16 promulgates new procedures to expunge arrests not resulting in conviction or adjudication of delinquency and a new expungement order (CN 12621) for use in CriminalFamilyand Municipal Courts in accordance with the statutory amendments to N.J.S.A. 2C:52-6effective June 152020See 1=2019c269. 
Specifically, the court is required to order an expungement of all related records and information at the time of the dismissal, acquittal, or discharge without a conviction or adjudication of delinquency (including juvenile diversion). The defendant or juvenile is no longer required under the law to apply for an expungement of these matters. 
Accordinglythis supplement supersedes the guidance contained in section II ("Expungements of Arrests Not Resulting in Conviction (N.J.S.A. 2C:52-6)") of Directive #02-16 ("Protocol for 'Drug CourtExpungements (N.J.S.A. 2C:35-14(m)) and Arrests Not Resulting in Conviction (N.J.S.A. 2C:52-6)" (dated May 232016) and in the separate May 232016 memorandum applicable to the Municipal Courts ("Municipal Courts - Expedited Expungement of Arrest or Charge Records -Amendment to N.J.S.A. 2C:52-6 
To effectuate these statutory changesdesignated staff in Criminal, Family, and Municipal Courts will complete the attached expungement order for the judge's signature as soon as practicable after the court grants the expungement. Staff will then forward copies of the signed expungement order to the defendant (or the juvenile and the juvenile's parent/guardian)the appropriate Superior Court or Municipal Courtand the county prosecutor. The county prosecutor is responsible for forwarding the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order (N .J.S.A. 2C:52-6(a)(4)). 
An expungement will not be ordered where the dismissalacquittalor discharge resulted from a plea bargaining agreement involving the conviction of other charges (N.J.S.A. 2C:52-6(a)(3)). This bar does not apply once the conviction is itself expunged.
Upon a service member or former service member's successful participation in a Veterans Diversion Program (N.J.S.A. 2C:43-23 to -26), the court can order the expungement at the time of the dismissal of the charge(s) on the service member's request or the request of the prosecutor on the service member's behalf. If the court did not order the expungement at the time of the dismissalthe service member may subsequently apply for expungement at any time following the order of dismissal. N.J.S.A. 2C:52-6(c)(2)
Additionallythe recent statutory amendments did not change the process for charges that are dismissed in accordance with a supervisory treatment program (N.J.S.A. 2C:43-12)a conditional discharge (N.J.S.A.2C:36A-1)or a conditional dismissal (N.J.S.A.2C:43-13.1). Inthoseinstances,theindividualmustwaitsixmonthsafterentry ofthedismissalorderbeforeapplyingforanexpungement. N.J.S.A.2C:52-6(c). 
Individuals seeking an expungement of an arrest or charge not resulting in a conviction or adjudication of delinquency that was disposed of prior to June 15, 2020 may present,at any timea duly verified petition as provided in N.J.S.A. 2C:52-7, in the Superior Court in the county in which the disposition occurred
 Any such application should be assigned to the Superior Court judge designated to handle expungements
Questions regarding this Supplement to Directive # 02-16 should be directed to the Criminal Practice Division at 609-815-2900 ext. 55300the Family Practice Division at 609-815-2900 ext. 55350, or the Municipal Court Services Division at 609-815-2900 ext. 54850. 

Monday, July 13, 2020

Rule of lenity

Rule of lenity
The Rule of Lenity is an important principle of statutory construction; if a statutory ambiguity cannot be resolved by analysis of the relevant text and the use of extrinsic aids, the rule requires that the ambiguity be resolved in favor of the defendant. State v. Gelman195 N.J. 475, 482 (2008) (citing United States v. Bass,404 U.S. 336, 348, 92 S. Ct. 515, 523, 30 L. Ed.2d 488, 497 (1971)). The rule of lenity derives from the principle that “[n]o one shall be punished for a crime unless both that crime and its punishment are clearly set forth in positive law.” In re DeMarco83 N.J. 25, 36 (1980).

Thursday, July 2, 2020

2C:29-1 Obstructing administration of law or other governmental function
 NJ

  2C:29-1 Obstructing administration of law or other governmental function
     a.  A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

b.An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
                         Jail 2C: 43- 8    jail  6 month maximum 
                                               probation 1-2 year                      
                                               community service  180 days maximum  
                                               mandatory costs, VCCB and other penalties
Disorderly- fines:     2C: 43- 3     $1,000 Fine  maximum        

       There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter.   

Max 4th degree       0- 18 months   $10,000   1 year- 5 year

Tuesday, June 2, 2020

Sea Girt NJ ordinance 3-27 PEACE AND GOOD ORDER

 Sea Girt NJ ordinance

3-27 PEACE AND GOOD ORDER.  

3-27.1   Obstructing Public Travel.

       No person shall unnecessarily impede or obstruct public travel upon the public sidewalk or the public street. No person shall impede or obstruct public travel in the public streets of the Borough by the placing of obstructions therein. (Ord. No. 113 § 1; New)

3-27.2          Playing of Instruments Producing or Transmitting Sound.

       No person shall play or operate any radio, radio loudspeaker, radio attachment or other instrument transmitting sound, including drums, or aid, countenance, permit or assist in the playing or operation of any radio, radio loudspeaker, radio attachment or other instrument transmitting sound, including drums, within the Borough in a loud and objectionable manner which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the limits of the Borough. (Ord. No. 113 § 3; New)

3-27.3     Orchestras and Bands; Hours.

            No person shall play or conduct or permit to be played or conducted any orchestra or band within the Borough between the hours of 10:00 p.m. and 8:00 a.m. provided, however, that nothing in this section contained shall prevent the playing of any orchestra in said Borough composed entirely of stringed instruments either with or without piano, and one (1) drum and traps, but excluding cymbals and bells. (Ord. No. 113 § 4)

3-27.4     Lewdness, Immorality and Indecency; Urinating in Public.

a.    No person shall appear on any street or public place in this Borough in a state of nudity, or in any indecent or lewd dress, or cause any indecent or lewd exposure whatever, or be guilty of any lewdness or indecent act or behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture or thing, or shall exhibit or perform any indecent, immoral or lewd play, act or representation. 
b.    It shall be unlawful, and shall be a public nuisance, for any person to urinate or defecate in public places or streets, or on the lawn areas or yard areas of private homes and property or in the public view.
(Ord. No. 111 § 5; New)


3-27.5            Injury or Destruction of Public Property.