[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 6-12-1972 by Ord. No.
72-5. Amendments noted where applicable.]
For the purpose of this chapter, the terms used
herein are defined as follows:
Remaining idle in essentially one location, and shall include
the concepts of spending time idly, loafing or walking about aimlessly
and shall also include the colloquial expression "hanging around."
Any adult person having 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, and shall include
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 or under the control of his
parent or guardian.
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 as defined in § 126-1. 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 § 126-2, 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 chapter, 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 § 126-5, 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.[1]
