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AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK (2000), ESTABLISHING PEDESTRIAN CORRIDORS, IN WHICH PERSONS MAY NOT OBSTRUCT STREETS OR SIDEWALKS OR REMAIN IDLY AND AUTHORIZING FINES AND PENALTIES FOR VIOLATIONS THEREOF.
Sponsor: Council Members Baraka
Public Hearing on Amendment Only
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WHEREAS, action must be taken to combat the very real threat posed by gang intimidation and violence; and
WHEREAS, there is an immediate need to maintain and preserve the peace and tranquility to the common good of the neighborhoods of the City of Newark.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Editor's Note: Additions are shown as bold underlined and deletions as strikethroughs.
Section 1. The Revised General Ordinances of the City of Newark (2000), are hereby amended to include the following new section:
1. Title. PEDESTRIAN CORRIDORS
2. Definitions.
The following words shall have the following meanings:
"Pedestrian Corridors(s) shall mean the streets designated on a Schedule to be filed in the Office of the City Clerk by the Director of the City of Newark Police Department or his or her designee, which are areas known by the Newark Police Department, based upon empirical evidence, to be the locus of high crime including but not limited to, heavy drug trafficking, gang and/or organized street crime activities, and/or or within 500 feet of any school, public or private.
3. ESTABLISHMENT OF PEDESTRIAN CORRIDORS.
a. Pedestrian Corridors are hereby established on the streets and sidewalks of certain areas of the City, designated in a Schedule to be filed in the Office of the City Clerk by the Director of the City of Newark Police Department or his or her designee, on a periodic basis, which are areas known by the Police Department, based upon empirical evidence, to be the locus of high crime, including but not limited to, heavy drug trafficking, gang and/or organized street crime activities, and/or or within 500 feet of any school, public or private.
b. The Department of Engineering shall install and maintain signs that clearly indicate to pedestrians that the pedestrians are in or entering Pedestrian Corridors.
4. OBSTRUCTING PEDESTRIAN CORRIDORS; PENALTY.
a. No person or persons shall:
1. Obstruct or remain idly in a designated Pedestrian Corridor, except to wait at a crosswalk, taxi stand, or bus stop; or
2. Pass through a Pedestrian Corridor for any purpose, except to enter or exit a residence or retail or commercial establishment or to use the Pedestrian Corridor en route to a destination outside of the Pedestrian Corridor.
b. Any person who violates any provision of this section shall, upon conviction thereof, be punished by the following penalties: (1) a fine not exceeding one thousand dollars ($1,000.00); and/or (2) a period of community service not exceeding ninety (90) days. Separate offenses shall be deemed committed on each day during or on which a violation occurs or continues.
c. This ordinance shall not prohibit a public assembly, a meeting or gathering, a rally or protest event, a political rally or event, speechmaking, marching, the holding of vigils, and all other like forms of conduct, the primary purposes of which is expressive activity or the communication or expression of views or grievances protected under State and Federal Constitutions.
Section 2. If any section, paragraph, subdivision, clause or provision of this ordinance shall be judged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective.
Section 3. All Ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency.
Section 4. This Ordinance amendment shall take effect upon final passage and publication in accordance with New Jersey law.
STATEMENT
This ordinance amends the revised general ordinances of the City of Newark (2000), establishing pedestrian corridors, in which persons may not obstruct streets or sidewalks or remain idly, and authorizing fines and penalties for violations thereof