The
State of New Jersey empowers local municipalities to enact laws
intended to preserve the quality of life.
These laws are called “ordinances” and are passed by the Borough Mayor and Council based
upon the needs of the community.
In
Glen Rock the following conduct is prohibited:
·
Public
Consumption or Possession of open Alcoholic Beverages:
Persons, regardless of their age, may not consume or possess open
alcoholic beverages on any public street, walkway, alley, parking
area, public park, playground or public-owned property.
This also includes any location with access open to the
public, even if privately owned.
*Limited
exceptions to this ordinance are made for organized events where a
special permit is obtained from the Borough Clerk in advance.
The locations for which these permits are issued are
limited.
·
Urination
or Defecation in Public or Open Places:
It is unlawful to urinate or defecate in any place, public or
private, visible from any public place.
·
Loitering:
The right of public assembly, whether formal or informal,
is permitted for social, civic or business purposes in this
country. However,
there are limits where the rights of others are involved.
In Glen Rock loitering in public places is not
permitted if:
A:
A disturbance or annoyance to others is created.
B:
The free passage of pedestrians or vehicles is obstructed.
C:
A person obstructs, molests or interferes with any person
lawfully in a public place. This includes making of unsolicited
remarks of an offensive, disgusting or insulting nature.
This
ordinance grants Police Officers discretion to order person{s} to
leave any public area should any of the listed circumstances
exist. A person who
refuses to leave after being ordered to do so by a Police Officer
is in violation.
·
Excessive
Noise:
Both New Jersey State Law and Glen Rock Borough Ordinances have
sections pertaining to excessive noise and disorderly conduct.
These laws vary greatly depending upon the time of day or nature of
the conduct. However,
when a complaint of excessive noise is received a Police Officer
is dispatched to investigate. Complaints that are substantiated
will be acted upon. If
persons, including those on private property, persist in
disturbing others enforcement action will be taken where
appropriate.
Violations
of these ordinances are not considered a criminal offense, however
they have the force of law and such violations can result in fines
being imposes by the Municipal Court.
In the case of persons under the age of 18, a violation of
these ordinances would be considered an act of Juvenile
Delinquency.
Property
and/or Zoning Disputes
These types of
matters include, but are not limited to, property maintenance,
placement of sheds and fences, building permits, swimming pools
and construction related issues. The Borough of Glen Rock
maintains a Code Enforcement Zoning and Engineering department which can assist you with
many of these issues. They can be contacted at (201) 670-3995.
The Police Department does not normally become involved in these types
of civil matters.
Underage
Drinking and the Law:
The drinking age in the United States is 21.
Under New Jersey
State Law a person less than 21 years of age may not purchase,
possess or consume alcoholic beverages in any public place. A
person under 18 who violates this law will be charged as a
juvenile delinquent. A
person 18 to 20 who violates this law will be charged as an adult
with a disorderly
persons offense. The
fine for an adult violating this law is not less than $500.00. If
the offense is committed in a motor vehicle a 6-month driver’s
license suspension will also be imposed.
Glen
Rock Borough Ordinance 154-6 extends this prohibition to private
property, including the offender’s own home.
A person violating this ordinance is subject to a fine of
$100 to $250 for the first offense and a fine of $350 for any
subsequent offense. In
addition, the court may suspend or postpone for 6 months the
offenders driving privileges.
As a
responsible citizen you should be aware of the laws that apply to
adults who provide or serve alcohol to minors:
LAWS
AND PENALTIES
·
New
Jersey Statute 2C:33-17 makes it a disorderly persons offense
to offer, serve or make alcohol available to minors.
It is also a criminal offense to entice or encourage a
minor to drink alcohol. The
law states that a minor may only consume an alcoholic beverage in
the presence of and with the permission of the child’s parent or
legal guardian, or during a religious observance.
The penalty for this is a fine up to $1000 and up to 180
days in jail.
·
Even
though there is an exception for parents, you should be aware that
serving or providing intoxicating substances to a minor may also
be prosecuted under other criminal statutes, for example, child endangerment (such
as cases where the underage drinker harms himself or another), which
can result in a State prison sentence of up to 10 years and a fine
up to $150,000.
·
It is a
disorderly
persons offense for any person to make property (such as
their house, apartment, business, motel room or any other place
owned, leased or managed) available to, or in the care of, another
person with the purpose that alcoholic beverages will be consumed
there by minors. The
penalty is a fine up to $1000 and up to 180 days in jail.
·
It is a
disorderly
persons offense to sell an alcoholic beverage to a minor,
or to purchase an alcoholic beverage for an underage person.
The penalty is a fine up to $1000 and up to 180 days in
jail.
·
Any
person who serves alcohol resulting in intoxication is also civilly
liable for injuries caused by the intoxicated
person’s negligence.
Let’s
all pledge ourselves to work together
and help to curb underage drinking in our community.
Citizen’s
Complaint Procedures:
“Officer
I want that person arrested!”
How many times have your heard that line in the movies?
However, in real life it is not that easy.
In most cases a Police Officer may have to witness a
particular offense in order to make an arrest or even issue a
summons for a traffic violation.
But
this does not mean that you are without recourse.
The State of New Jersey gives private citizens the right to
sign a complaint charging a violation of the law through the
Municipal Court in the jurisdiction where the offense is alleged
to have occurred.
In
order to sign a complaint charging any individual with a criminal
or disorderly persons offense you must first file a Police Report. After your have done so, you may obtain from the lobby of the
police station, or the Court Administrator, a citizen’s
complaint package that contains the appropriate affidavit.
Complete these forms and return them to the Municipal Court
Administrator during normal business hours in person.
The Municipal
Court Administrator requires that you make an appointment in
advance.
The
Glen Rock Municipal Court office hours are 8:30 AM to 4:30 PM,
Monday to Friday. The
phone number is (201) 670-3950.
Upon
review of these forms, the court will prepare a formal complaint
for you to sign under oath. Complaints
are only issued if the court determines that probable cause
exists. In some cases
you may have to appear before the Judge, in court, and give formal
testimony to establish probable cause to the satisfaction of the
Judge.
In
the case of a Borough Ordinance, Motor Vehicle or Parking
Complaint,
you do not have to complete an affidavit.
However, you still must appear before the Municipal Court
Administrator, during business hours, to sign a complaint under
oath.
Filing
a police report does not constitute a formal
complaint with the court. In
most cases a Police Officer may have to witness a particular
offense in order to make an arrest.
Should the officer not witness the offense, the person
making the allegation must sign the complaint.
All
defendants are considered innocent until proven guilty in a court
of law. As the
complainant, you must be prepared to prove your case in court.
It is
recommended, but not required, that you consult your attorney
before signing any complaints.
Procedures may
vary slightly from jurisdiction to jurisdiction.
If you wish to sign a complaint for an offense that
occurred in another town, contact the court in that town an ask
what their procedures are.
Harassing
Phone Calls Procedures:
New Jersey law provides that a
person commits a petty disorderly persons offense
if, with purpose to harass another he/she makes or causes to be
made a communication or communications anonymously or at
extremely inconvenient hours, or in offensively coarse language
or manner likely to cause annoyance or alarm.
Conviction subjects a person to a maximum fine of $500
and/or imprisonment of up to 30 days.
If you are receiving calls of this nature, police
assistance can be requested.
However, in order for the Glen Rock Police
Department to become involved, you must be willing to sign a
criminal complaint charging an individual with harassment and
testify in court if necessary.
Complaints cannot be filed based on caller ID
information or the *69 option. If you wish to
pursue a harassing phone call complaint the following procedures
must be followed within a 30-day period:
1)
After receiving a harassing
call you must depress and release the phone receiver button.
When a dial tone is heard, press *57
(or from a rotary phone, dial
1-1-5-7). This
must be done each time you want to trace a call.
2)
You should wait to hear a
confirmation announcement stating whether or not the call trace
was successful. The information traced will be maintained by the
Phone Company for 90 days, but
will not be released to you.
3)
In order to substantiate a
complaint of harassment it is most often necessary for three or
more calls to be traced within a 30-day period.
4)
After following the above
procedures you need to file a report with this department
detailing the dates and times of the traced calls.
Ask the officer taking the report to provide you with the
event number assigned to your report.
5)
Then you must then call Verizon
at (800) 518-5507, provide them with the event number and
authorize the Phone Company to mail the trace records the Glen
Rock Police Department Detective
Bureau. Once the
Detective Bureau receives this information, a Detective will
call you to discuss pursuing the matter further.
NOTE: Fax/Modem
or unwanted telemarketing calls are not
a police matter and we cannot become involved.
Please contact the Phone Company (Verizon) at (800)
518-5507 for information on dealing with these issues.