[1]
Editor's Note: Former Sections 10:7.1 through 10:7.5, pertaining to gambling, previously codified herein and containing portions of R.O. 1957, 6:2-7, 10:4-4 (c), (d) and MC 1974-8 were repealed by MC 1992-1, § II.
[MC 1992-1, § I, January 21, 1992]
The following definitions apply to this article:
(a) 
"Gambling" means staking or risking something of value upon the outcome of a game of chance or a future contingent event not under the actor's control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.
(b) 
"Game of chance" means any contest, game, pool, gambling scheme or gaming device in which the outcome depends in a material degree upon an element of chance, not withstanding that skill of the contestants or some other persons may also be a factor therein.
(c) 
"Public street or place" means any street, avenue, park, parkway, highway, alley, semipublic or private roads, streets, privately and publicly owned parking areas either open to or used by the public.
[MC 1992-1, § I, January 21, 1992]
(a) 
No person shall in or upon any public street or place play, deal or engage in faro, roulette, dice or card game or other game of chance or shall gamble in any form.
(b) 
No person shall aid, abet, assist or participate in faro, roulette, dice or card game.
(c) 
This section shall not be construed to apply to the holding and operation of games of chance commonly known as bingo or lotto under a license duly issued under the provisions of the "Bingo Licensing Law,"[1] and the holding and operation of games of chance commonly known as a raffle or raffles under a license duly issued under the provisions of the "Raffle Licensing Law."[2]
[1]
State law reference: See N.J.S.A. 5:8-24 to 5:8-49.11.
[2]
State law reference: See N.J.S.A. 5:8-50 to 5:8-77.
(d) 
Nothing contained in this section is intended or shall be construed to prohibit any form of gambling permitted under N.J.S.A. 5:8-1 et seq., entitled "Legalized Games of Chance," but is intended only to regulate lawful gambling to protect the public welfare.
[R.O. 1957, 10:4-3 (d)]
No person shall be in a drunk or intoxicated condition in or on any public place or in any place open to the public.
No person in any public or private place shall lurk, lie in wait or be concealed with intent to do any mischief or to commit any crime or unlawful act.[1]
[1]
Decisional law reference: State v. Armstrong, 162 NW 2d. 357.
[R.O. 1957, 10:4-4(d); amended MC 2001-36, § 1, December 3, 2001]
(a) 
As used in this section:
(1) 
"Prostitution" means sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer made in or within view of a public place to engage in sexual activity in exchange for something of economic value.
(2) 
"Sexual activity" means and includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex, masturbation, touching of the genitals, buttocks, or female breasts, sadistic or masochistic abuse or other deviant sexual relations.
(3) 
"House of prostitution" means any place where prostitution or promotion of prostitution is regularly carried on by a person under the control, management or supervision of another.
(4) 
"Promoting prostitution" means:
(A) 
Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
(B) 
Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
(C) 
Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
(D) 
Soliciting a person to patronize a prostitute;
(E) 
Procuring a prostitute for a patron;
(F) 
Transporting a person into or within this City with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or
(G) 
Leasing or otherwise permitting a place controlled by a person, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.
(5) 
"Public place" means any place to which the public or any substantial group thereof has access.
(b) 
No person shall:
(1) 
Commit or agree to commit prostitution.
(2) 
Promote prostitution.
(3) 
Be in or near any placed used or frequented by the public or any public place for the purpose of inducing, enticing, or procuring another to commit prostitution or promote prostitution.
(4) 
Knowingly receive, offer or agree to receive any person into any place or building for the purpose of performing an act of prostitution or to knowingly permit any person to remain in any place or building for prostitution purposes.
(5) 
Knowingly promote prostitution of a child under eighteen (18) whether or not the person mistakenly believed that the child was eighteen (18) years of age or older, even if such mistaken belief was reasonable;
(6) 
Promote prostitution of that person's spouse; or
(7) 
Knowingly engage in prostitution with a person under the age of eighteen (18), or if the person enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of eighteen (18), or, if the person solicits or requests a child under the age of eighteen (18) to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the person mistakenly believed that the child was eighteen (18) years of age or older, even if such mistaken belief was reasonable.
(8) 
Aid, abet, allow, permit or participate in the commission of any of the acts prohibited in subsections (b)(1) through (b)8 above.
(c) 
A person shall be presumed to know that a premises is owned, leased, rented, let, occupied or otherwise delivered up for occupancy for any purpose prohibited herein or in Plainfield Municipal Code Section 6:5-9(q) if notice is given in writing (in Spanish and English) advising of such prohibited activity occurring therein by United States Postal Service mail, certified and return receipt requested and first class, and posted at the premises in a conspicuous place.
(d) 
Any such premises may be declared a nuisance by the City Council of the City of Plainfield and abated according to law.
[1]
State law reference: See N.J.S.A. 40:48-1(6); 2C:34-1 and 2C:34-1.1.
[R.O. 1957, 10:4-4(d); amended MC 2001-36, § 1, December 3, 2001]
(a) 
No person shall own, lease, rent, let, or otherwise deliver up for occupancy, maintain or operate any house, building or any part thereof, or otherwise where:
(1) 
Prostitution, promoting prostitution, gambling, bookmaking, lotteries, or the sale of tickets or participation rights in any lottery not authorized by law or ordinance.
(2) 
Any slot machine or device or apparatus designed for gambling is kept; or,
(3) 
It is used, frequented or resorted to by noisy or disorderly persons or known criminals, gamblers, or other persons in such a way as to create or maintain any violation of this section or any other ordinance of the Plainfield Municipal Code.
(b) 
The offenses in subsection (a) (1), (2), (3) are more fully described heretofore in this chapter.[1]
[1]
Cross reference: As to vice and prostitution, see Section 10:7-9; as to dice games, see Section 10:7-3; as to gambling and horse racing, see Sections 10:7-1 and 10:7-5.
[R.O. 1957, 10:4-4(b)]
(a) 
No person shall advertise himself or herself as a clairvoyant, soothsayer, seer, physiognomist, palmist, fortuneteller, spiritualist, spirit medium, or phrenologist or charge or receive any fee, reward, gratuity or anything of value from any person as such clairvoyant, soothsayer, seer, physiognomist, palmist, fortuneteller, spiritualist, spirit medium or phrenologist.
(b) 
Such a person shall be considered a disorderly person under the statutes of the State of New Jersey.
[1]
State law reference: As to fortunetellers, see N.J.S.A. 2A:170-7.
[MC 1983-5, § 1, March 7, 1983]
(a) 
Definitions:
OBSCENE FILM
Means any description, narrative account, or depiction of sexual activity or anatomical area contained in, or consisting of, a film or preview or trailer to a film, which by means of posing, composition, format or animated sensual details:
(1) 
Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals;
(2) 
Lacks serious literary, artistic, political, or scientific value, when taken as a whole, and
(3) 
Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
PERSON
Means a human being, a public or private corporation, an unincorporated association, a partnership, or a sole proprietorship.
KNOWINGLY
Means:
(1) 
Having knowledge of the character and content of the film described herein; or
(2) 
Having failed to exercise reasonable inspection which would disclose its character and content.
EXHIBIT
Means to project a film at any motion picture theater or other public place.
(b) 
Prohibition: It shall be unlawful for any person to knowingly exhibit, show, or present an obscene film to a person eighteen (18) years of age or older either in a theater or other public place within the City.
(c) 
Posting ordinance: Within ten (10) days of the effective date of this ordinance, the owner of a motion picture theater shall post and maintain a copy of this ordinance in a conspicuous place near the main entrance of the theater.
(d) 
Penalties: A violation of this ordinance shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), imprisonment for a term not exceeding ninety (90) days, or both, for each violation committed hereunder.
[MC 2001-36, § 1, December 3, 2001]
A violation of Sections 10:7-9 and 10:7-10 of this Article 7 shall be punishable by a fine not less than One Thousand Dollars ($1,000.00), imprisonment for a term not exceeding six (6) months, or both, for each violation committed hereunder.
A violation of any other provision of this Article 7, other than Sections 10:7-9 and 10:7-10 shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), imprisonment for a term not exceeding ninety (90) days, or both, for each violation committed hereunder.