[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 9-20-1994 by Ord.
No. 94-21 (Ch. 114 of the 1986 Code); amended in
its entirety 7-5-2017 by Ord. No.
2017-5. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 173.
Animals — See Ch. 181.
Curfew — See Ch. 229.
Drug-free school zones — See Ch. 236.
Gambling and games of chance — See Ch. 259.
Graffiti — See Ch. 272.
Noise — See Ch. 315.
Parades and assemblies — See Ch. 324.
Parks and recreation areas — See Ch. 332.
Peddling and soliciting — See Ch. 340.
No person shall go about from door to door or place himself
or herself in the streets or highways to beg or gather alms.
A.
Regulated conduct. All persons over the age of 12 who are on the
public streets, roads, and properties of the Borough shall comply
with the following dress and decency standards at all times: the waistband
of shorts, pants, and/or skirts shall not be worn more than three
inches below the wearer's waist, interpreted to mean at a level
below the crest of ilium, so as to expose either skin or garment underneath.
B.
Consequence of violation. Violation of Subsection A of this section shall be addressed by a Borough law enforcement officer by advising the offender of the herein requirements and requesting compliance by either altering his or her dress or immediately and peaceably exiting such public street, road or property.
C.
Request not required. If the offender has been previously advised of the requirements of the herein section by a law enforcement officer and has been found to be intentionally or knowingly in violation at a later time or subsequent date, the provisions of Subsection B shall not apply as a prerequisite to action being taken under Subsection D herein.
D.
Consequences of failure to comply with request. If a request as outlined in Subsection B of this section does not result in immediate, peaceful compliance, or the offender has been previously advised of the requirements of this section by a law enforcement officer such that he or she is in knowing or intentional violation of the requirements herein, a citation for violation of this section shall issue. In addition to the issuance of a citation, the offender shall be escorted or removed from the public street, road or property unless the law enforcement officer has determined good cause to allow such offender to remain, conditioned upon full compliance with Subsection A herein.
E.
Violation shall not result in an arrest. An arrest may not be issued for violation of Subsection A of this section.
F.
Circumstances where arrest prohibition does not apply. The arrest prohibition within Subsection E of this section shall not apply to any conduct which is independently disorderly, in arrogation of the direction or order of a law enforcement officer, or otherwise in violation of the New Jersey Criminal Code or the ordinances of the Borough of Penns Grove, so as to provide an independent basis for arrest.
G.
Fines and penalties. Notwithstanding the fines and penalties set
forth elsewhere in this chapter, a citation issued for violation of
this section shall subject the offender to a penalty of not less than
$25 nor more than $100 for the first offense, which may be payable
at $25 to the court without appearance, and not more than $1,000 for
each subsequent offense, court appearance mandatory. In addition to
the fine, the court may order such person to participate in up to
40 hours of court-approved community service activities.
H.
Defense. It is a defense under this section if it is determined that
the person was exercising rights protected by the federal or state
constitution. Any defense under this section must be asserted prior
to any hearing or trial in the matter.
Other riotous conduct, indecent conduct, breach of the peace,
vagrancy and prostitution not hereinbefore mentioned are hereby prohibited
within the limits of said Borough.
All fines imposed and collected under and by virtue of this
chapter shall be paid into the treasury of said Borough.
Anyone violating this chapter or part of this chapter shall be subject, upon conviction, to a penalty as provided in § 1-2 of this Code.
