Township of Hillsborough, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 2-22-1972 by Ord. No. 72-1 (Ch. 108 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 113.
Curfew — See Ch. 149.
Drug-free zones — See Ch. 153.
Children's safety zones — See Ch. 154.
Markets — See Ch. 203.
Noise — See Ch. 211.
Parks and recreation areas — See Ch. 221.
Peace and good order — See Ch. 224.
Peddlers, solicitors and itinerant vendors — See Ch. 227.
Streets and sidewalks — See Ch. 259.

§ 200-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, and includes the concepts of spending time idly, loafing or walking about aimlessly and also includes the colloquial expression "hanging around."
PARENT or GUARDIAN
Includes any adult persons having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access, and includes any street, highway, road, alley or sidewalk. It shall also include the front or neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas and parks, as well as parking lots or other vacant private property or not owned by or under the control of the person charged with violating this chapter, or, in the case of a minor, not owned by or under the control of his parent or guardian.

§ 200-2 Prohibitions.

[Amended 11-25-1997 by Ord. No. 97-34]
A. 
No person shall loiter in a public place in such manner as to:
(1) 
Create or cause to be created a danger of a breach of the peace.
(2) 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
(3) 
Obstruct the free passage of pedestrians or vehicles.
(4) 
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 200-1. 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.
B. 
No person shall:
(1) 
Loiter or assemble on the streets, at the corner of streets or in any public place or public conveyance within the Township while being under the influence of intoxicating liquors or indulge in or utter loud and offensive or indecent language at any of the aforesaid places, corner or corners, street or streets, public places or public conveyances within the Township.
(2) 
Loiter or disturb the peace in any public place, in any quasi-public place or in or upon any private property not his or her own within said Township while under the influence of intoxicating liquor, or not being under such influence, indulging in and uttering loud and offensive or indecent language at any of said place or places; or being noisy or disorderly; disturbing or interrupting the quiet and good order in any public library, school, reading room or any other public or private place in said Township.
C. 
A person who is intoxicated may be assisted to his or her residence or to an intoxication treatment or other facility by a Township police officer consistent with the requirements contained in N.J.S.A. 26:2B-16, a portion of the New Jersey Alcoholism Treatment and Rehabilitation Act, and shall not be charged with a violation of the Code of the Township of Hillsborough.
[Added 12-22-2009 by Ord. No. 2009-45]

§ 200-3 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 § 200-2, 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 chapter.

§ 200-4 Parental responsibility.

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.

§ 200-5 Notice of violation to parent.

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 him to give such notice.

§ 200-6 Presumption of knowledge of parent.

If at any time within 30 days following the giving of notice as provided in § 200-5 the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.

§ 200-7 Violations and penalties.

[Amended 12-27-1977 by Ord. No. 77-21; 9-12-1995 by Ord. No. 95-37]
Any person violating any of the provisions of this chapter shall, upon conviction, be deemed guilty of a Class C violation, punishable as provided in Chapter 1, General Provisions, Article II.