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QUALITY OF LIFE ISSUES

 

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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.

NOTICE TO LAW ENFORCEMENT OFFICERS: If you are a sworn law enforcement officer employed by any Federal, State or Local agency empowered to make an arrest under NJ State Law, please notify the officer in charge.  You will be advised of the procedure for complaints filed by officers from outside agencies.

 

 


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