[Amended 3-15-2005 by Ord. No. 12-2005[1]]
[1]
This ordinance also repealed former Art. IX,
Protection of Police Department Dogs, and Art. X, Railway Crossings.
A.
N.J.S.A. 2C:33-2.1 makes it unlawful for a person
to loiter in a public place with the purpose of unlawfully obtaining
or distributing a controlled dangerous substance or controlled substance
analog.
B.
N.J.S.A. 2C:34-1.1 makes it unlawful for a person
to loiter in a public place with the purpose of engaging in prostitution
or promoting prostitution.
C.
The governing body of the City of Millville finds
and declares that the municipal regulations contained herein are not
preempted by state law based on the following:
(1)
The municipal regulations do not conflict with state
law, either because of conflicting policies or operational effect;
(2)
N.J.S.A. 2C:1-5d expresses an intent that the New
Jersey Code of Criminal Justice is to be exclusive in the field, but
that section alone does not preempt these regulations;
(3)
The subject matter does not reflect the need for uniformity;
(4)
The state scheme is not so comprehensive or pervasive
that it precludes the coexistence of municipal regulations; and
(5)
The municipal regulations do not stand as an obstacle
to the accomplishment and execution of the full purposes and objectives
of the State Legislature.
A.
It is the responsibility of local government to adopt
regulations designed to promote the public health, safety and welfare.
Such authority has been delegated to municipalities by the Legislature
of the State of New Jersey.
B.
The governing body of the City of Millville finds
and declares that the loitering of groups of people or gangs in public
places with the purpose of engaging in criminal activity or unlawful
conduct is a significant problem which threatens the public health,
safety and welfare.
C.
The purpose of these regulations is to deter or reduce
criminal activity and unlawful conduct and to maintain a quality of
life within the community which reassures citizens that they are safe
and secure in public places.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended.
To include, for example, sporting contests such as baseball,
basketball, field hockey, football, lacrosse, rowing, soccer, softball,
tennis and track and field.
To include, for example, artistic and intellectual events
such as concerts, dance recitals, lectures, movies, plays, and artistic
displays.
To prowl, remain or wander in one location, including sifting
in or out of a motor vehicle.
Any place to which the public has access, including but not
limited to any alley, boardwalk, bridge, driveway, park, parking lot,
plaza, public library, public street, sidewalk or transportation facility,
or the doorways and entrance ways to any building which front on any
of the aforesaid places, or a motor vehicle in or on any such place.
A person is presumed to intend the reasonable and natural
consequences of their actions. A person manifests the purpose to engage
in unlawful conduct when a reasonable person would conclude that such
an intent exists from an observation of the person's actions, conduct,
demeanor and speech under the attendant circumstances.
To include, for example, bicycle race, five-mile run, walkathon,
and athletic activities available to the public at large.
To include, for example, baby contests, air show, boat show,
car show, dance, festival, Mardi gras and parade.
A.
It is unlawful for a person to loiter in a public
place with the purpose of interfering with or obstructing the free
flow of pedestrian traffic or vehicular traffic.
B.
It is unlawful for a person to loiter in a public
place with the purpose of engaging in an altercation with another
person.
C.
It is unlawful for a person to loiter in a public
place with the purpose of creating a disturbance or otherwise interfering
with a school activity, such as an athletic event, cultural event,
educational activity or a social event.
D.
It is unlawful for a person to loiter in a public
place with the purpose of creating a disturbance or otherwise interfering
with a public event, such as an athletic event, cultural event, recreational
event, or a social event.
E.
It is unlawful for a person to loiter on private property
that is customarily used for a commercial purpose by the public with
the purpose of interfering with or obstructing the free flow of pedestrian
traffic or vehicular traffic seeking the use of the commercial enterprise.
F.
Where five or more persons are participating in a
course of unlawful conduct, as defined herein, a law enforcement officer
engaged in executing or enforcing the law may order the participants
and others in the immediate vicinity to disperse. Any person who fails,
neglects, or refuses to obey this order commits a violation of these
regulations.
A person found guilty of an offense under this
article shall be subject to a fine up to and including $500, or community
service up to and including 30 days or imprisonment up to and including
30 days, in the discretion of the Municipal Court.
