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Borough of Franklin Lakes, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Sec. 3-9 of the 1988 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, including the concepts of spending time idly or walking about aimlessly.
PARENT or GUARDIAN
Any adult person having care or custody of a minor whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access, including any street, or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, 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 chapter or, in the case of a minor, not owned or under the control of his parent or guardian.
No person shall loiter in a public place in such a 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 as defined in § 318-1. 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 whom or in whose hearing they are made.
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 § 318-2, 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 chapter.
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this chapter.
Whenever any minor under the age of 18 years is charged with a violation of this article, his parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.
If at any time within 30 days following the giving of notice as provided in § 318-5, the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.