[HISTORY: Adopted by the Township Committee of the Township of New Hanover 7-13-1976 as Ch. III of the 1974 Code. Amendments noted where applicable.]
[Amended 11-10-1981 by Ord. No. 1981-6]
A. 
"Loitering" shall mean remaining idle in essentially one location and shall include the concepts of spending time idly and loafing or walking about aimlessly and shall also include the colloquial expression "hanging around."
B. 
Certain types of loitering prohibited.
(1) 
No person shall loiter in a public place in such manner as to:
(a) 
Create or cause to be created a danger of a breach of the peace.
(b) 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
(c) 
Obstruct the free passage of pedestrians or vehicles.
(d) 
Obstruct, molest or interfere with any person lawfully in any public place.
(2) 
This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing they are made.
C. 
Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection B, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
[Added 11-10-1981 by Ord. No. 1981-6]
A. 
No person shall consume or offer to another for consumption alcoholic beverages in, on or upon any public street, road, alley, sidewalk, park or playground or in, on or upon any land owned or occupied by any federal, state, county or municipal government, except as provided for in Chapter 127, Parks and Recreation Areas.
[Amended 8-11-1992 by Ord. No. 1992-3]
B. 
No person shall consume alcoholic beverages or offer to another for consumption any alcoholic beverages in, on or upon any place to which the public at large is invited; provided, however, that nothing herein shall be construed to prohibit the consumption or sale of alcoholic beverages within the licensed premises of a plenary retail consumption liquor licensee or temporary licensee.
C. 
No person shall have in his possession or possess any alcoholic beverages in, on or upon any public street, road, alley, sidewalk, park or playground or in, on or upon any land owned or occupied by any federal, state, county or municipal government, unless the same is contained within a closed or sealed container, except as provided for in Chapter 127, Parks and Recreation Areas.
[Amended 8-11-1992 by Ord. No. 1992-3]
D. 
No person shall have in his possession or possess an alcoholic beverage in, on or upon any place to which the public at large is invited unless the same is contained within a closed or sealed container; provided, however, that nothing herein shall be construed to prohibit the possession of alcoholic beverages within the licensed premises of a plenary retail consumption liquor licensee or temporary licensee.
E. 
None of the foregoing provisions shall apply to any public park or public picnic area where the consumption of alcoholic beverages at occasions or events held by bona fide nonprofit organizations or other groups is specifically permitted by resolution of the Mayor and Township Committee.
No person shall loiter on any public street, road, avenue, beach, park, highway or other public or quasi-public place, and no person shall make, utter or use loud, offensive or indecent language or make offensive or indecent remarks to any person being lawfully on any public street, road, avenue, beach, park, highway or other public or quasi-public place.
No person shall obstruct, interfere with or molest any person being lawfully upon any public street, road, avenue, beach, park, highway or other public or quasi-public place.
No person shall make any indecent or immoral exposure of his or her person, commit or do any indecent or immoral act or behave in any indecent or immoral manner on any public street, road, avenue, beach, park, highway or other public or quasi-public place.
A. 
Unnecessary noise.
(1) 
No person shall make or cause to be made any continued or unnecessary noise which shall disturb the comfort, rest or repose of any person in his place of abode.
(2) 
No person shall make, cause, suffer or permit to be made or caused upon any premises owned, occupied or controlled by him or it or upon any public street, alley, thoroughfare, parking lot or quasi-public place in this municipality any unnecessary noises or sounds by means of the human voice or by any other means or methods which are physically annoying to persons or which are so harsh or so prolonged or unnatural or unusual in their use, time and place as to occasion physical discomfort or which are injurious to the lives, health, peace and comfort of the inhabitants of this municipality or any number thereof.
B. 
Sounding horns. It shall be unlawful for any person to sound any horn or warning device on any automobile, motorcycle, bus or any other vehicle except when required by law or when necessary to give timely warning of the approach of the vehicle or as a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.
C. 
Muffler required. It shall be unlawful for any person to discharge the exhaust of any mobile engine, stationary internal combustion engine or motor vehicle into the open air except through a muffler or other device which will effectively prevent loud noises from issuing therefrom.
D. 
Church, school, hospital and quiet zones. It shall be unlawful for any person to create any loud or excessive noise on any street or public place adjacent to any church, school or institution of learning while the same is in actual use or adjacent to any hospital which shall unreasonably interfere with the operations of such institution, provided that conspicuous signs are displayed in such street indicating that the same is a church, school or quiet zone or hospital.
A. 
Curfew for minors. It shall be unlawful for any child under the age of 17 years to ride on a bicycle or in a motor vehicle or to loiter on foot or in a motor vehicle or to run through, wander or stroll through the streets, roads, avenues or other public places in the Township after the hour of 10:30 p.m. and until 5:00 a.m., prevailing time, Sunday through Thursday, and 11:00 p.m., prevailing time, until 5:00 a.m., prevailing time, on Friday and Saturday, unless accompanied by a parent or duly authorized custodian having control of such minor, except as hereinafter provided.
B. 
Parent's responsibility. It shall be unlawful for any parent, guardian or duly authorized custodian having legal care or custody of any child under 17 years of age to allow or permit any such child or ward to ride on a bicycle or in a motor vehicle or to loiter on foot or in a motor vehicle or to wander or stroll on or about any road, street, avenue or other public place in the Township within the time prohibited in Subsection A, unless accompanied by a parent or duly authorized custodian, except as hereinafter provided.
C. 
Exception. The provisions of this section shall not apply to any minor child who shall be gainfully employed, who shall be a bona fide student of a school of evening instruction, who shall be in attendance at a function sponsored by a religious or school organization or who shall be in attendance at a properly supervised recreational program during the time necessarily required to travel between such minor child's residence and the place of assembly.
D. 
Emergencies. Should an emergency arise necessitating a minor child under the age of 17 years being dispatched upon an errand requiring his or her presence upon a street or other public or quasi-public place after the curfew hour herein established, such minor shall have in his or her possession a note signed by one of his or her parents, a guardian or duly authorized custodian (over the age of 17 years) having the legal care or custody of such minor child, stating the nature of the errand, the necessity therefor, the place to which said child is to go, the time such note was issued and the time required for such errand. The abuse of the provisions of this subsection shall constitute a violation of the provisions of this section, punishable as hereinafter provided.
E. 
Police officer's duty. Any police officer, constable or truant officer or any special officer duly appointed by the Township Committee is hereby authorized and empowered to take into custody any such minor child who may be in the act of violating the provisions of this section. Such officer shall notify the parent or person having the legal care and custody of such child of the violation of this section and the penalty therefor of a second or subsequent violation and shall report the violation to the Chief of Police of the Township, who shall cause a record thereof to be made. The child shall be released immediately in the custody of such parent or person having his or her legal care or custody.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Subsequent violations. Upon the second or subsequent violation of the provisions hereof, any parent, guardian or person having the legal care and custody of the child shall be required to perform community service for a period not exceeding 90 days and may be subject to a fine of up to $1,000. If both a child and the child's parent or guardian violate this section, they shall be required to perform community service together.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. 
Juvenile offenders. Upon the second or subsequent violation of the provisions hereof by any minor child under the age of 17 years, such minor child shall be treated as a juvenile offender and dealt with in accordance with the statutes in such case made and provided.
Qualified organizations eligible to secure licenses to conduct bingo or raffle games of chance may apply to the Township Committee, in writing, for permission to hold, operate or conduct such games of chance on Sunday, which authorization may be granted by the Township Committee.
[Amended 8-11-1992 by Ord. No. 1992-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Unless otherwise provided, any person who violates the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.