As used in this chapter, the following terms
shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, including the
concepts of spending time idly, loafing or walking about aimlessly,
and also including the colloquial expression "hanging around."
PARENT or GUARDIAN
Any adult person having the 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, including any street,
highway, road, alley 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 parent
or guardian.
No person shall loiter in a public place in
such 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 as defined in §
232-1. 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, 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 §
232-2, 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 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.
No person under the age of 18 years shall be
or remain on any public place within the confines of the Township
between 9:00 p.m. and 6:00 a.m. of the following day, prevailing time.
The prohibition contained in §
232-5 is subject to the following exceptions:
A. The minor is upon an emergency errand involving the
health, safety and welfare of the minor himself or some other person.
B. The minor is accompanied by a parent, legal guardian
or other adult person having the care, custody and control of the
minor.
C. The minor is actually engaged in or is going directly
to or is returning directly from a lawful trade, profession or occupation
in which the minor is engaged and which makes it necessary for him
to be in such places within the proscribed times.
D. The minor is the holder of a valid New Jersey driver's
license and is operating a motor vehicle through the Township upon
streets and public ways contained therein.
E. The minor is in the performance of a duty directed
by his parent, guardian or other person having his care or custody.
F. The minor is going directly to or returning directly
from a legitimate evening activity sponsored by the Township, the
Board of Education or some other legitimate adult organization within
the Township. This shall include attendance at church and religious
activities and school activities, including classes, dances and sports
events, as well as public fireworks displays and other similar events.
G. Nothing contained herein shall be deemed to excuse or modify the conduct proscribed in §
232-2 hereof.
No person, parent or guardian having the legal
care or custody of any such minor shall knowingly permit such minor
to violate the curfew provisions of this chapter.
Violations of the provisions of this chapter shall be punishable as provided in §
1-17 of the Code of the Township of Mansfield.