[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
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."
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. 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.
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.
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.
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 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.
