As used in this chapter, the following terms shall have the
meanings indicated:
LOITERING
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 and shall include
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 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 to 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 any public place as defined in §
127-1. 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.
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 §
127-2, 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.
[Amended 9-11-1979 by Ord. No. 79-19; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Any person who violates any provision of this chapter shall, upon conviction, be subject to the general penalty set forth in Chapter
1, Article
I, General Penalty, of the Borough of Kenilworth Code.