As used in this ordinance, the following terms shall have the
meanings indicated:
LOITERING
Remaining idle in essentially one location, and includes
the concept of spending time idly, to be dilatory, to linger, to stay,
to saunter, to delay, to stand around and shall also include the colloquial
expression "hanging around."
PUBLIC PLACE
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
It shall be unlawful for any person to loiter, loaf, wander,
stand or remain idle either alone and/or in consort with others in
a public place in such manner so as to:
A. Obstruct any public street, public highway, public sidewalk or any
other public place or building by hindering or impeding or tending
to hinder or impede the free and uninterrupted passage of vehicles,
traffic or pedestrians
B. Commit in or upon any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing
or fronting on any such public street, public highway, public sidewalk
or any other public place or building, all of which prevents the free
and uninterrupted ingress, egress and regress, therein, thereon and
thereto.
When any person causes or commits any of the conditions enumerated in §
55D-2 herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this ordinance.
Any person who violates any one (1) or more of the provisions
of this ordinance shall be subject to a fine of not more than two
hundred dollars ($200.) for each separate offense and/or confinement
in the Ocean County Jail for a period of not more than thirty (30)
days. In the case of a continuing violation or violations, a fine
of not more than two hundred dollars ($200.) may be assessed for each
day that said violation or violations continue unabated, until such
time as said violation or violations are corrected. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
In the event that any provisions of this ordinance shall be
found to be invalid by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
This ordinance repeals any inconsistent ordinance or ordinances
or part or parts thereof.
This ordinance shall become effective immediately upon final
passage and publication as required by law.