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 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 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
in 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
D 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.
Any person violating the provisions of §
192-2 shall be ordered to move on by a police officer, failing which he shall be guilty of a violation.
[Amended 8-5-1974 by Ord. No. 1974-9]
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 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
60 days following the giving of notice the minor to whom such notice
relates again violates this chapter, it shall be rebuttably presumed
that the minor did so with the knowing permission or sufferance of
his parent or guardian.
Nothing in this chapter shall be construed so
as to limit any right of free speech or assembly guaranteed under
the Constitution of the United States or the Constitution of the State
of New Jersey.
[Amended 8-3-1992 by Ord.
No. 1992-6; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under §
1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.