Town Ordinances

ORDINANCE NO.12 - 2011

ORDINANCE NO. 12-2011

 

AN ORDINANCE PROVIDING FOR THE PARTIAL AMENDMENT AND SUPPLEMENTATION OF CHAPTER 14, "MISCELLANEOUS OFFENSES," OF THE "REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972" WITH THE ESTABLISHMENT OF A NEW SECTION 14-8.1 ENTITLED "INTERFERENCE WITH RETAIL OR WHOLESALE BUSINESS PRACTICES."

WHEREAS, the Borough Council is desirous of amending Chapter 14 of the Revised Ordinances of the Borough of Morris Plains to state that interference with retail or wholesale business practices in the Borough is a breach of the peace.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Morris Plains, they being the Governing Body thereof, as follows:

Section 1:

Article 2, "Disorderly Conduct," as set forth in Chapter 14, "Miscellaneous Offenses" of the Revised Ordinances is hereby amended, supplemented and revised with the addition of a new Section 14-8.1 entitled "Interference with retail or wholesale business practices," which shall read, as follows:

Section 14-8.1. Interference with retail or wholesale business practices.

No person shall purposely interfere with, hinder, disturb or obstruct any retail or wholesale business operation, function or activity, nor shall any person purposely interfere with, hinder, disturb or obstruct any retail or wholesale business owner, employee, agent or personnel acting in the furtherance of the interests of that business, with the intent to prevent, undermine or otherwise obstruct the lawful retail or wholesale practices of that business. This section does not apply to conduct considered lawful competitive economic practices. Any person who violates the provisions of this section shall be subject to the penalties authorized by Section 1-9 of the Revised Ordinances, provided, however, that in no event shall the fine be less than $100.

Section 2:

All other provisions of the aforesaid Chapter 14 of the Revised Ordinances shall be unaffected and are hereby continued.

Section 3:

All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 4:

If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid by a Court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance.

Section 5:

This Ordinance shall take effect immediately after final passage and publication as provided by law.

Introduced: July 21, 2011

Adopted: August 18, 2011