[HISTORY: Adopted by the Township Committee
(now Council) of the Township of Galloway 3-17-1975 by Ord. No. 491.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Remaining idle in essentially one location, including the
concepts of spending time idly, loafing or walking about aimlessly,
and also including the colloquial expression "hanging around."
Any adult person having the care or custody of a minor, whether
by reason of blood relationship, the order of any court or otherwise.
Any place to which the public has access, including any street,
highway, road, alley 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 and 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 by or under the control of his parent
or guardian.
A.
It shall be unlawful for any person to loiter in a
public place in such manner as to:
(1)
Clearly cause an immediate, actual, physically violent
reaction from any person of ordinary sensibilities, which reaction
will cause or create a threat to the peace and good order of the public.
(2)
So disturb a person of ordinary sensibilities as to
cause such person to react immediately in such a way as to threaten
by physical violence the peace and good order of the public.
(3)
Obstruct the free passage of pedestrians or vehicles.
(4)
Obstruct, molest or interfere with any person lawfully in a public place as defined in § 245-1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb a person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and good order of the public.
B.
No person shall be convicted of loitering in a public
place in violation of this section unless a police officer at the
time determined that such person was causing or was likely to cause
any of the conditions enumerated hereinabove; and such police officer,
at that time, ordered the person to cease the enumerated conduct and
move on, which police order the person refused to obey.
No parent or guardian of a minor under the age
of 18 years shall knowingly permit the minor to loiter in violation
of this chapter.
Whenever any minor under the age of 18 years
is adjudged to be in violation of this chapter, his parent or guardian
shall be notified of this fact by the Chief of Police or any other
person designated by him to given such notice.
If at any time within 30 days following the giving of notice as provided in § 245-4, 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.
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
Each and every person violating any of the provisions
of this chapter shall be subject, upon conviction thereof, to a fine
of not more than $2,000, imprisonment for not more than 90 days and/or
a period of community service for not more than 90 days, in the discretion
of the Judge before whom said conviction shall be had.
