Township of Hamilton, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Hamilton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 345.
[Adopted 12-20-2005 by Ord. No. 05-054 (Ch. 86, § 86-25, of the 1994 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
CRIMINAL GANG ACTIVITY
The commission, attempted commission or solicitation of the following offenses, provided that the offenses are committed by two or more persons, or by an individual at the direction of, or in association with, any criminal street gang with the specific intent to promote, further, or assist in any criminal conduct commonly engaged in by criminal street gang members.
A. 
The following is a listing of such activity under the New Jersey Code of Criminal Justice:
(1) 
N.J.S.A. 2C:11-2, Homicide;
(2) 
N.J.S.A. 2C:12-1b, Aggravated Assault (Firearm);
(3) 
N.J.S.A. 2C:13-1, Kidnapping;
(4) 
N.J.S.A. 2C:13-2, Criminal Restraint;
(5) 
N.J.S.A. 2C:15-1, Robbery (Home Invasion);
(6) 
N.J.S.A. 2C:18-2, Burglary;
(7) 
N.J.S.A. 2C:28-5, Tampering with Witnesses;
(8) 
N.J.S.A. 2C:33-28, Gang Recruitment, Threats, Intimidation;
(9) 
N.J.S.A. 2C:35-1, Controlled Dangerous Substances;
(10) 
N.J.S.A. 2C:35-3, Leader of Narcotics Trafficking Network;
(11) 
N.J.S.A. 2C:35-4, Maintaining or Operating a Controlled Dangerous Substance House or Facility;
(12) 
N.J.S.A. 2C:35-4.1, Fortified Premises;
(13) 
N.J.S.A. 2C:35-6, Employing a Juvenile in Drug Distribution;
(14) 
N.J.S.A. 2C:35-7, Controlled Dangerous Substance (CDS) Within 1,000 Feet of School;
(15) 
N.J.S.A. 2C:35-10, Possession of CDS;
(16) 
N.J.S.A. 2C:39-3, Possessions of Firearms and all subsections;
(17) 
N.J.S.A. 2C:39-4, Possession of Weapons (Firearms) for Unlawful Purpose;
(18) 
N.J.S.A. 2C:39-13, Unlawful Use of Bulletproof Vest.
B. 
All subsections of the statutes listed apply as well as those that were mentioned specifically.
CRIMINAL STREET GANG
As defined in N.J.S.A. 2C:33-29.[1]
GANG LOITERING
Remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable a criminal street gang to establish control over identifiable areas, to intimidate others from entering such areas, or to conceal illegal activities of which criminal street gangs engage in daily causing an extreme danger to the public at large.
PATTERN OF CRIMINAL GANG ACTIVITY
Two or more acts of criminal gang activities of which at least two such acts were committed within five years of each other.
PUBLIC PLACE
The public way and any other location open to the public, whether publicly or privately owned.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Whenever a police officer observes a member of a criminal street gang engaged in gang loitering with one or more persons in any public place, the police officer shall:
(1) 
Inform all such persons that they are engaged in gang loitering within an area in which loitering by groups containing criminal street gang members is prohibited;
(2) 
Order all such persons to disperse and remove themselves from the designated area at which the order was issued;
(3) 
Inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further loitering, within the next three hours, within the designated place at which the order was issued.
B. 
This section shall not apply to persons who are engaged in collective advocacy activities that are protected by the Constitution of the United States or the State of New Jersey.
Any person violating this article shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, § 1-2 of the Code of the Township of Hamilton, as same may be amended.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 12-6-2006 by Ord. No. 06-037 (Ch. 86, § 86-21, of the 1994 Code of Ordinances)]
No individual shall solicit or recruit another person to join or actively participate in a criminal street gang on, or within 2,500 feet of, school property or any Township park.
As used in this article, the following terms shall have the meanings indicated:
CRIMINAL STREET GANG
As defined in N.J.S.A. 2C:33-29.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Section 246-4 shall be enforced by the administrative officials of the school districts and/or school facility where such prohibited activities are undertaken. The Hamilton Township Police Department shall also have the authority to enforce § 246-4.
Any person violating this article shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, § 1-2 of the Code of the Township of Hamilton, as same may be amended.