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Disorderly Premise
Code Violations
According to City of Newark Municipal Code, it is illegal to:
  • It shall be unlawful for any person to allow, suffer or permit in any house or upon any premises occupied by himself, any profane, obscene or vulgar language or conduct, or any fighting, quarreling or affray, or any loud or unusual noises to the disturbance of the quiet and good order of the city.
  • The owner, owner's agent, resident manager, or caretaker registered with the city pursuant to Section 17-4 paragraph (i) of this code of a house or premises where a violation of paragraph (a) has occurred shall be presumed to allow, suffer, or permit such conduct after receiving notice that such conduct has occurred and shall be in violation of this section if a further violation of paragraph (a) above occurs within 90 days of receiving said notice.
  • Service of such notice shall be deemed to be properly served upon such owner, owner's agent, resident manager, or caretaker designated pursuant to Section 17-4 paragraph (i) of this code if a copy thereof is delivered to the owner, owner's agent, resident manager or caretaker personally; or by leaving the notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified mail addressed to the owner, owner's agent, resident manager, or caretaker at the last known address with a return receipt requested; or by posting a copy thereof in a conspicuous place in or about the structure affected by such notice.

Penalties

  • Whoever violates paragraph (a) of this section shall, for the first offense, be fined not less than $100, for a second offense, be fined not less than $250, and for each subsequent like offense shall be fined not less than $500, which fines shall not be suspended.
  • Whoever violates paragraph (b) of this section shall, for the first offense, be fined not less than $100, for a second offense, be fined not less than $250, and for each subsequent like offense shall be fined not less than $500; except that if such person can prove by competent evidence at the time of sentencing that the tenant has been evicted and is no longer on the premises or if there is pending at the time of sentencing an eviction action against the lessee of the premises which action is being actively pursued, the court may suspend the fine, and/or may revoke the conviction. Otherwise, the fines imposed under this paragraph shall not be suspended.