As used in this chapter, the following terms shall have the meanings
indicated:
LOITERING
Remaining idle or walking aimlessly about in essentially one location.
PARENT or GUARDIAN
Includes any adult person having care or custody of a minor, whether
by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
A place to which the public has access and shall include any public
building and grounds, street, highway, road, alley, boardwalk or sidewalk.
It shall also include the front or the neighborhood of a store, shop, restaurant,
tavern or other place of business, and public grounds, areas, parks and marinas,
as well as parking lots or other vacant private property not owned by or under
the control of the person charged with violating this chapter or, in the case
of a minor, not owned or under the control of his or her parent or guardian.
No person shall loiter in a public place in such a manner as to:
A. Create or cause to be created a danger of a breach of
the peace.
B. Create or cause to be created any disturbance or annoyance
to the comfort and repose of any person.
C. Obstruct the free passage of pedestrians or vehicles.
D. Obstruct, molest or interfere with any person lawfully
in a public place. This subsection shall include the making of unsolicited
remarks of an offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to, or in whose hearing, they are made.
Any person violating the provisions of §
116-2 shall be ordered to move on by a police officer, failing which he or she shall be guilty of a violation.
No parent or guardian of a minor under the age of 18 years shall knowingly
permit that minor to loiter in violation of this chapter. Whenever any minor
under the age of 18 years is charged with a violation of this chapter, his
or her parent or guardian shall be notified of this fact by the Chief of Police
or any other person designated by the Chief of Police to give such notice.
If at any time within 30 days following the giving of notice, the minor to
whom such notice relates again violates this chapter, it shall be presumed
in the absence of evidence to the contrary that the minor did so with the
knowledge and permission of his or her parent or guardian.