Township of Toms River, NJ Article III Loitering

[Adopted 12-9-2008 by Ord. No. 4168-08[1]]

[1] Editor's Note: This ordinance repealed former Art. III, Loitering, adopted 9-28-1976 by Ord. No. 1590.

§ 388-6 Definitions.

For the purposes of this article, the following terms shall have the meanings indicated:

LOITERING

Remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly or consuming an alcoholic beverage in a public place, and shall also include the colloquial expression "hanging around."

PUBLIC PLACE

Any place to which the public has access and shall include any street, highway, road, alley or sidewalk, or a hallway, lobby, roof, basement or office of a public building. It shall also include the front or the vicinity of any such public place or of any store, shop, restaurant, tavern or other place of business and public grounds, areas, parks, lots or other vacant private property not owned by or under the control of the person charged with violating this article.

§ 388-7 Certain types of loitering prohibited.

No person shall loiter in a public place in such manner as to:

A. Create or cause to be created a danger of 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 any public place as defined in § 388-6. 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 whom, or in whose hearing, they are made.

§ 388-8 Discretion of police officer.

Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 388-7, he may, if he or she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this article.

§ 388-9 Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment not exceeding 90 days, or both, in the discretion of the court. Juvenile offenders subject to the provisions of N.J.S.A. 2A:4-1 et seq.[1] shall be dealt with in accordance with the provisions of that enactment.

[1] Editor's Note: N.J.S.A. 2A:4-1 et seq. was repealed by L.1982, c. 77, § 33, effective 12-31-1983. See now N.J.S.A. 2A:4A-20 et seq.