[Adopted 12-11-1991 by Ord. No. 99-1991]
As used in this article, the following terms shall have the
meanings indicated:
A person who within one-year previous to the date of arrest
for violation of this section has within the knowledge of police authority
been convicted in the Superior Court of New Jersey or the Atlantic
City Municipal Court of a violation of N.J.S.A. 2C:34-1 or N.J.S.A.
2C:14-4.
An area generally visible to public view, and includes streets,
sidewalks, boardwalks, beaches, bridges, alleys, plazas, parks, driveways,
parking lots, motor vehicles (whether moving or not) and buildings
open to the general public, including those which serve food or drink
or provide entertainment, and the doorways and entrances to buildings
or dwellings and the grounds enclosing them.
A known prostitute or procurer is guilty of loitering for the
purpose of prostitution when he or she remains in or wanders about
in a public place and engages in conduct that, under the circumstances,
manifests the requisite purpose of prostitution or promoting prostitution
as defined in N.J.S.A. 2C:34-1.
The requisite purpose is presumed where a known prostitute or
procurer:
A.
Repeatedly beckons to or stops pedestrians in a public place;
B.
Repeatedly attempts to stop or repeatedly attempts to engage passersby
in conversation;
C.
Repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving of arms or any other bodily gesture; or
D.
Circles in an area in a motor vehicle and repeatedly beckons to,
contacts or attempts to stop pedestrians.
The burden of proof as to the existence of any prior conviction
shall be by the preponderance of the evidence, and the court shall,
pursuant to the Rules of Evidence, take judicial notice of its own
records and the records of the Superior Court of New Jersey.
[Amended 11-25-2008 by Ord. No. 104-2008]
Any person violating the provisions of this article, upon conviction
thereof before the Municipal Judge or other officer having jurisdiction,
shall be subject to a fine of $100 for a first offense, $250 for a
second offense and $2,000 for each third and subsequent offense. Upon
conviction of a second or subsequent offense, the court shall impose
a period of community service and may impose a period of incarceration
not to exceed 90 days for each offense.
