[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 11-4-1976 by Ord. No. 158 (Ch. 67 of the 1977 Township
Code). Amendments noted where applicable.]
As used in this chapter, the following terms or words shall
be interpreted and defined as follows:
Any person having the care and custody of a minor child under
18 years of age, whether by reason of a blood relationship or the
order of any court or otherwise, including persons in loco parentis.
Remaining idle in essentially one location, including the
concepts of spending time idly, loafing or walking about aimlessly,
and also includes the colloquial expression "hanging around."
Offenses against the public peace, safety and morals, without
limiting the commonly accepted definition thereof, shall include destroying
property of another; defacing property of another; loitering in groups
of three or more in any public place; littering, destroying or defacing
public property; destroying or defacing privately owned property used
on a public playground or public park; consumption of alcoholic beverages
on a public street; drunkenness; begging; lack of supervision by a
parent or legal guardian or other person or persons having the care
and custody of a minor child under the age of 18 years; indecent exposure;
mugging; assault; assault and battery; larceny; burglary; robbery;
sale or use of narcotics or other controlled dangerous substances.
Any place to which the public has a right of access, including
any street, road, highway, alley, sidewalk, park or playground, and
shall also include the entrance and sidewalk area adjacent thereto
of any store, shop, restaurant, apartment building, tavern or other
place of business. As defined herein, a "public place" shall also
include a parking lot, vacant land, privately owned alleys, rights-of-way,
and hallways and corridors used in common by more than one tenant
or other persons, if the same are not owned by or under the legal
control of the person charged with an offense under this chapter.
The exercise of control over a minor child under the age
of 18 years so as to know his or her whereabouts and know with whom
he or she associates and in what activities he or she may be engaged
which could affect or offend the public peace, safety and morals.
It shall be unlawful for any person to loiter in a public place,
as defined herein, so as to create or cause to be created the danger
of a breach of the peace or any disturbance or annoyance to the comfort
or repose of any person; to obstruct the free passage of pedestrians
or vehicles; to obstruct, molest or interfere with any person lawfully
in any public place, including 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.
It shall be unlawful for any person to commit an offense against
the public peace, safety and morals, as defined herein.
No parent or legal guardian or other person having the care,
custody or supervision of a minor child under the age of 18 years
shall knowingly permit such minor child to loiter or commit an offense
against the public peace, safety and morals in violation of this chapter.
Whenever any minor child under the age of 18 years is charged
with a violation of this chapter, his or her parents or legal guardian
or any other person having the care and custody of such minor child
under 18 years of age shall be notified of such charge by the New
Jersey State Police Barracks Commander or other persons designated
by him to give such notice, if the name and address of such person
or persons are known.
Whenever any police officer shall, in the exercise of reasonable
judgment, determine that the presence of any person in any public
place is causing or is likely to cause any breach of the public peace
or constitutes loitering, as defined herein, said police officer may
order such persons to leave such place if he deems such action necessary
for the preservation of public peace, safety and morals. 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 chapter.
Any person who violates or fails or neglects to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine or penalty of not more than $500 or imprisonment
for a term not to exceed 90 days, or both, in the discretion of the
court. Each and every time a violation is committed or permitted to
continue shall constitute a separate offense and be punishable by
a like fine or penalty.
