Borough of Spotswood, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Sec. 6-9 of the 1969 Revised General Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No. 278, as amended through 9/94). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Loitering on premises housing amusement devices — See Ch. 43, Art. I.

§ 132-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location. It shall include the concept of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around."
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. The term shall include any street, highway, road, alley, boardwalk 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/her parent or guardian.

§ 132-2 Certain types of loitering prohibited.

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. 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.

§ 132-3 Order by police officer to leave.

Whenever any police officer in the exercise of reasonable judgment decides that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 132-2, (s)he may, if(s)he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who refuses to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.

§ 132-4 Loitering by minors.

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.

§ 132-5 Notice of violation by minor.

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.

§ 132-6 Presumption.

If at any time within the 30 days following the giving of notice 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.