[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-17-1973 as Ord. No. 1973-17 (part of Ch. IV of the 1973 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Remaining idle or walking aimlessly about in essentially one location.
- PARENT or GUARDIAN
- Includes 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
- A place to which the public has access, and shall include any public building and grounds, street, highway, road, alley, boardwalk or sidewalk. It shall also include the front or neighborhood of a store, shop, restaurant, tavern or other place of business and public grounds, areas, parks and marinas, 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 a manner as to:
Create or cause to be created a danger of a breach of the peace.
Create or cause to be created any disturbance or annoyance in the comfort and repose of any person,
Obstruct the free passage of pedestrians or vehicles.
Any person violating the provisions of § 192-2 shall be ordered to move on by a police officer, failing which he shall be guilty of a violation.
[Amended 8-5-1974 by Ord. No. 1974-9]
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 the Chief of Police to give such notice. If at any time within 60 days following the giving of notice the minor to whom such notice relates again violates this chapter, it shall be rebuttably presumed that the minor did so with the knowing permission or sufferance of his parent or guardian.
Nothing in this chapter shall be construed so as to limit any right of free speech or assembly guaranteed under the Constitution of the United States or the Constitution of the State of New Jersey.
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.