[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 1-3-2000 by Ord. No. 1203. (This ordinance also superseded former Ch. 201, Loitering, adopted 12-18-1970 by Ord. No. 653, as amended.) Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings indicated:
- A person, other than a parent, to whom legal custody of the juvenile has been given by court order, or who is acting in the place of the parent, or is responsible for the care and welfare of the juvenile.
- An individual who is under the age of 18 years.
- Remaining idle in, essentially, one location, and shall include the concepts of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around."
- PUBLIC PLACE
- Any place to which the public has access, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation, facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
Prohibition. No person shall loiter in a public place in such a manner as to:
Create or cause to be created a danger of a breach of the peace.
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
Obstruct the free passage of pedestrians or vehicles.
Discretion of police officers. 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 Subsection A, he may, if he 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 chapter.
No minor shall enter onto any property controlled by the Borough of Collingswood Board of Education between the hours of 9:00 p.m. and 6:00 a.m. for any purpose, unless accompanied by a responsible adult, or unless said minor has permission from the Borough of Collingswood Board of Education, which permission has been transmitted, in writing, to the Borough Clerk of the Borough of Collingswood, or her designate.
It shall be unlawful for any juvenile of any age under 18 years to be on any public street, or in a public place, between the hours of 10:00 p.m. and 6:00 a.m.
The provisions of this section shall not apply to a juvenile as follows:
When the juvenile is accompanied by his or her parent(s) or guardian(s).
When the juvenile is upon a medical emergency, errand, or legitimate business directed by his or her parent(s) or guardian(s).
When the juvenile is gainfully employed at the time.
When the juvenile is an attendant as a bona fide student at an evening school of instruction.
When the juvenile is in attendance at a function sponsored by a religious, community-based or educational organization, association or society.
When the juvenile is in attendance at a supervised cultural, educational and social event.
When the juvenile is attending extracurricular school activities.
When the minor shall, as a result of the exceptions enumerated in this Subsection 6(3), (4), (5) and (6) immediately above, be traveling on or upon any of the public places in the Borough of Collingswood, after the prescribed hour while returning to his or her residence from such activity.
No parent or guardian of a juvenile shall knowingly permit said juvenile to violate the provisions of this chapter. It shall be unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or any public place during the aforementioned hours subject to the exceptions set forth in § 201-3B above. The term "knowingly" includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a juvenile in said parents or guardian's legal custody.
Whenever any juvenile is charged with violation of this chapter, his parent(s) or guardian(s) shall be notified by the Chief of Police or any other person designated by him to give such notice. If at any time within 30 days following the giving of the notice, as provided in this section, the juvenile, whose parent(s) or guardian(s) have received the notice referred to in the previous sentence, again violates this chapter, it shall be presumed in the absence of evidence to the contrary that the juvenile did so with the knowledge and permission of his parent(s) or guardian(s).
If a police officer reasonably believes that a juvenile is in a public place in violation of this chapter, the officer shall notify the juvenile that he or she is in violation of this chapter and shall require the juvenile to provide his or her name, address and telephone number and how to contact his or her parent(s) or guardian(s). In determining the age of the juvenile, and in the absence of convincing evidence, such as a birth certificate, a police officer shall use his or her best judgment in determining age.
Any person violating any provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment for not more than 30 days. Any juvenile who violates this chapter shall be treated as a juvenile offender in accordance with the laws of the State of New Jersey. Each violation of the provisions of this chapter shall constitute a separate offense. Furthermore, both the juvenile, and/or the juvenile's parent(s) or guardian(s), in the event of a violation of this chapter, shall be required to perform community service.