[HISTORY: Adopted by the Borough of Rutherford Council 5-2-1972 by Ord. No. 2093-72. Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined as follows:
- 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."
- PARENT or GUARDIAN
- 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
- Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business, and public grounds, areas, parks, 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. This definition shall include the entirety of the Kip
Garage.[Amended 9-25-2012 by Ord. No. 3273-12]
No person shall loiter in a public place in such 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.
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 54-1. 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.
No person shall loiter in or around the Kip Garage where such hanging around has no visible or discernible connection to any purpose or use of the Kip Garage.
[Added 9-25-2012 by Ord. No. 3273-12]
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 § 54-2, 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 this chapter.
No parent or guardian or 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 him to give such notice.
If at any time within 30 days following the giving of notice as provided in § 54-5 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.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $200 or by imprisonment not exceeding 30 days, or both, in the discretion of the court.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
This chapter shall take effect immediately upon publication according to law.