[HISTORY: Adopted by the Township Committee of the Township
of Montague 9-14-99 by Ord. No. 99-09. Amendments noted where applicable.]
It shall constitute "Indecent Exposure" for any person to
appear or to travel on any street, avenue, highway, road, boardwalk,
beach, beachfront, waterway or any recreational facility open to the
public located in the Township of Montague; or to appear in any public
place, store or business in the township in a state of nudity or in
an indecent or lewd dress or garment or to make any indecent exposure
of his or her person. A person shall be found in a state of nudity
when his or her clothing or absence of clothing exposes to public
view a person's anus, genitals, pubic area, female breasts and/or
most of the buttocks (such as is revealed by a "thong" bikini). Indecent
exposure is prohibited in public places, private rights-of way, or
any public or quasi-public grounds, parks or buildings.
Any place to which the public has access or view and shall
include any street, highway, road, alley, sidewalk, boardwalk, beach,
beachfront, waterway, campground or any recreational facility open
to the public. It shall also include the front or the neighborhood
of any store, shop, restaurant, tavern or other place of business
open to the public 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 section.
No person, in any public place as defined herein, shall engage
in, or offer or attempt to engage in the indecent or lascivious exposure
or use of the human body, or any part thereof.
A.
The maximum penalty for violation of any provision of this chapter
or any other ordinance of the township where no specific penalty is
provided regarding the section violated, the maximum penalty, upon
conviction shall be a fine not exceeding $1,000 and/or imprisonment
for a period not exceeding 90 days, or both.
B.
Except as otherwise provided, every day in which a violation of any
provision of this chapter or any other ordinance of the township exists
shall constitute a separate violation.
C.
The maximum penalty stated in this section is not intended to state
an appropriate penalty for every violation. Any lesser penalty, including
a nominal penalty or no penalty at all, may be appropriate for a particular
case or violation.
A.
Interference with law enforcement officers. No person shall resist
any law enforcement officer or a member of the law enforcement department
in the discharge of his duties, or in any way interfere with or hinder
or prevent him from discharging his duties.
B.
Escape from custody. No person shall in any manner assist any person
in the custody of any law enforcement department to escape or attempt
to escape from such custody, or attempt to rescue any person so in
custody.
