[Adopted 6-2-1976 by Ord. No. 76:6; amended in its entirety 1-14-1985 by Ord. No.
31-1984 (Ch. 81 of the 1976 Code)]
No person shall within the limits of the Township of Berlin
loiter on any street, road, avenue, highway, or other public place
of the Township or in or about any public building, schoolhouse, place
of business, theatre, place of amusement or parking lot.
As used in this article, 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, standing or walking about
aimlessly and shall also include the colloquial expressions "hanging
out" or "hanging around."
No person shall loiter in the above-listed places in such manner
if his conduct:
A. Is intended to provoke a breach of the peace or is such that a breach
of the peace may be occasioned.
B. Is such as to annoy, disturb, interfere with, obstruct or be offensive
to others. This shall include the making of unsolicited remarks of
a loud, offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to, or in whose hearing they are made.
C. Warrants alarm for the safety of persons or property in the vicinity.
D. Creates or causes to be created any disturbance or annoyance to the
comfort or repose of any person that would cause such person to react
in such a way that could threaten the peace and order of the public.
E. Obstruct the passage of pedestrians or vehicles.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any of the places listed hereinabove is causing or is likely to cause any of the conditions indicated in §
235-3, he may, if he deems it necessary for the preservation of public peace and safety, order that person or persons to leave that place. Any person or persons who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this article.
[Adopted 6-2-1976 by Ord. No. 76:6 (Ch. 87, Art. I, of the
1976 Code)]
As used in this article, the following terms shall have the
meanings indicated:
PERSON
Whenever appropriate in connection with the context, includes
a corporation, partnership, association and individual, and shall
include the plural. The masculine pronoun shall include the feminine.
[Added 11-11-1996 by Ord. No. 1996-34]
No person in a public park, playground or recreation area shall:
A. Remove, deface, vandalize, damage or destroy any park, playground
or recreation equipment.
B. Damage, cut, transplant or remove any trees or plants or dig or otherwise
disturb any grass areas or playing fields or in any other way damage
or injure the usefulness of any park, playground or recreation area.
C. Use a park, playground or recreation area or recreation equipment
other than for the type of activity intended (i.e., tennis courts
for tennis playing or tennis-type games only).
D. Drive any motor vehicle, motorcycle, dirt bike or other similar mechanical
vehicle on any area of a park, playground or recreation area, except
the paved, stoned or gravel park roads or parking areas for such areas
as may be designated for such use.
[Added 11-11-1996 by Ord. No. 1996-34]
Any minor under the age of 17 who is apprehended and charged and subsequently found to be in violation of §
235-7 hereinabove shall also be prima facie evidence of a violation of §
235-7 on the part of the parent or legal guardian having custody or care of said minor. In such case, the parent or legal guardian having custody and care of said minor shall be subject to the penalty of being required to reimburse the Township of Berlin the cost of repairing and/or remedying the damage to the park, playground, recreation area and/or recreation equipment upon being so charged and after a finding of liability by the Township of Berlin Municipal Court following a hearing on issue of liability and the amount of repair costs.
[Amended 11-11-1996 by Ord. No. 1996-34]
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not more than $1,000 or by imprisonment in the county jail
for a term not to exceed 90 days, or both, in the discretion of the
court. The continuation of such violation for each successive day
shall constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense.