[HISTORY: Adopted by the Township Committee of the Township
of Liberty 7-1-1996 by Ord. No. 96-14. Amendments noted where applicable.]
A.
LOITERING
PARENT OR GUARDIAN
PUBLIC PLACE
As used in this article, the following terms shall have the meanings
indicated:
Remaining idle in essentially one location and shall include
the concepts of spending time idly, loafing or walking about aimlessly,
and shall include the colloquial expression "hanging around," and
which, while subjective in nature is capable of specific understanding
when applied to specific circumstances.
Includes any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
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 immediate 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
article or, in the case of a minor, not owned or under the control
of his parent or guardian.
B.
All references to gender, whether masculine or feminine are considered
interchangeable as the case may be.
No person shall loiter in a public pace in such manner as to:
A.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
B.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person whether such discomfort be physical
or psychological.
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 § 75-1. This subsection shall include the making of unsolicited remarks of an unnerving, 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 or person constitutionally empowered to enforce ordinances shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is reasonably and proximately to cause any of the conditions enumerated in § 75-2, 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 such person above described shall be guilty of a violation of this article.
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this article.
Whenever any minor under the age of 18 years is charged with
a violation of this article, his parent or guardian shall be notified
of this fact by the chief law enforcement officer having jurisdiction
in Liberty Township 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 § 75-5, the minor to whom such notice relates again violates this article, 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.
It shall be unlawful for any parent, legal guardian or other person having the care or custody of a minor child under 18 years of age to, by any act or word, or the failure to act or by the lack of supervision and control over said minor child within the Township of Liberty, to fail to prevent any violation of this chapter after having received notice pursuant to § 75-5 hereof.
As used in this article, the following terms shall have the
meanings indicated:
The exercise of control over minor child, knowing his whereabouts,
knowing with whom he associates and in what activities he or she may
engage which could affect or offend the public peace, safety and morals.
It shall be unlawful for any parent, legal guardian or other
person having custody and care of any minor child under the age of
18 who shall assist, aid, abet, allow, permit or encourage said minor
to violate the provision of any ordinance of the Township of Liberty
as defined herein, either by overt act, by failing to act, or by lack
of supervision and control over said minor child.
The fact that a child under the age of 18 years is apprehended
while on any public streets, highways, alleys or parks during the
hours of an imposed curfew shall be prima facie evidence of a violation
on the part of the parents, legal guardian or other person having
custody or care of said minor.
Any person under the age of 18 years apprehended for the violation
of any laws of the State of New Jersey shall be brought forthwith
before a Judge of the Juvenile Division of the Warren County Juvenile
and Domestic Relations Court, and, upon the court's determination
that the minor is delinquent, the parent, legal guardian or other
person having care and custody of said minor shall be summoned before
a Judge of the Joint Municipal Court having jurisdiction of offenses alleged to have occurred in Liberty Township and ordered
to provide supervision of said minor. The failure of said parent,
legal guardian, or other person having custody of said minor child,
upon a second offense and a finding of delinquency, shall cause said
parent, legal guardian or other person having custody of said minor
child to be subject to the penalties herein provided.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both on a
first offense, and a fine not exceeding $1,000 and imprisonment not
exceeding 90 days on a second offense.
