[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy
Hills 10-28-1986 by Ord. No. 86:72 as Sec. 3-1 of the 1986 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
To render impassable without unreasonable inconvenience or hazard.
Any place to which the public or a substantial group has access;
among the places included are streets, highways, roads, alleys, sidewalks,
transport facilities, schools, apartment houses, places of business or amusement,
or any neighborhood. It shall also include the front of any store, shop, restaurant,
tavern or other place of business and public grounds, areas, parks as well
as parking lot 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 parent or guardian.
A person acts purposely with respect to the nature of his conduct
or as a result thereof if it is his conscious object to engage in conduct
of that nature or to cause such a result. A person acts purposely with respect
to attendant circumstances if he believes or hopes that they exist. "With
purpose," "designed," "with design" or equivalent forms have the same meaning.
A person acts recklessly with respect to a material element of an
offense when he consciously disregards a substantial and unjustifiable risk
that the material element exists or will result from his conduct. The risk
must be of such a nature and degree that considering the nature and purpose
of the actor's conduct and the circumstances known to him its disregard involves
a gross deviation from the standard of conduct that a reasonable person would
observe in the actor's situation. "Recklessness," "with recklessness" or equivalent
terms have the same meaning.
A.
A person, having no legal privilege to do so, shall not
purposely or recklessly obstruct the use of any public place, whether alone
or with others. No person shall be deemed guilty of recklessly
obstructing in violation of this section solely because of a gathering of
persons to hear him speak or otherwise communicate, or solely because of being
a member of such a gathering.
B.
No person or persons shall assemble in a gathering in
such a manner as to obstruct the use of public places within this Township.
Whenever any police officer shall, in the exercise of reasonable judgment,
decide that the presence of a person or persons in a gathering is obstructing
the use of a public place, he may order that person or persons 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 chapter.
C.
An order to move, addressed to a person whose speech
or other lawful behavior attracts an obstructing audience, shall not be deemed
reasonable if the obstruction can be readily remedied by police control of
the size or location of the gathering.
