[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 9-12-1978 as Ord. No. 78-27. Section 127-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Editor's Note: This ordinance supersedes former Ch. 127, Loitering, adopted 11-28-1961 as Ord. No. 61-13, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- 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."
- PUBLIC PLACE
- 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 neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas, 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 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 to the comfort and repose of any person.
Obstruct the free passage of pedestrians or vehicles.
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 127-1. 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 § 127-2, 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.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment not exceeding 90 days, or both, in the discretion of the court.