[Adopted 7-10-1905 by Ord. No. 60-1905]
[1]
Editor’s Note: The title of this article was changed
from Disorderly Conduct Generally to Prohibited/Illegal Conduct Generally
2-22-2012 by Ord. No. 10-2012.
[Added 7-17-1941 by Ord. No. 7-1941; amended 5-12-2010 by Ord. No.
27-2010]
For the purposes of this article, the use of the masculine pronoun
shall be deemed to apply to the feminine, and vice versa. The use
of the singular number shall be deemed to apply to the plural. The
use of the word "person" shall be deemed to apply to individuals,
copartnerships and corporations. The mandatory terms "must" and "shall"
are each mandatory terms used to express a requirement or to impose
a duty. The prohibitory terms "must not" and "may not" are each mandatory
negative terms used to establish a prohibition. The term "may" is
permissive.
[Amended 7-5-1979 by Ord. No. 38-1979; 8-28-1991 by Ord. No.
57-1991; 12-29-2003 by Ord. No. 72-2003; 5-12-2010 by Ord. No.
27-2010]
A.
AGGRESSIVELY BEG
ASK, BEG OR SOLICIT ALMS
PEDESTRIAN OR VEHICULAR INTERFERENCE
PUBLIC PLACE
As used in this article, the following terms shall have the meanings
indicated:
Speaking or following a person in a manner that would cause
a reasonable person to fear bodily harm or the commission of a criminal
act upon the person or upon property upon the person's immediate possession
or would intimidate another person into giving money or goods.
To ask for money or goods as a charity, whether by words,
bodily gestures, signs or other means.
To walk, stand, sit, lie or place an object in such a manner
as to block passage by another person or vehicle, or to require another
person or a driver of a vehicle to take evasive action to avoid physical
contact. Acts authorized pursuant to the City's picketing and parade
ordinances and regulations are exempt from this article.
An area generally visible to public view and includes the
Boardwalk, alleys, bridges, buildings, driveways, parking lots, parks,
plazas, sidewalks and streets opened to the general public, including
those that serve food or drink or provide entertainment, and the doorways
and entrances to buildings, shops or dwellings and the grounds enclosing
them.
B.
[1]Prohibited acts. No person may ask, beg or solicit alms,
including money and other things of value, in an aggressive manner
in any public place. Acts authorized as an exercise of one's constitutional
right to picket, the right to legally protest, any acts authorized
by permit or parades issued pursuant to the Code of the City of Atlantic
City shall not constitute obstruction of pedestrian or vehicular traffic.
(1)
A person is guilty of pedestrian interference if, in a public place,
within 25 feet of the entrance of any store, shop, restaurant, luncheonette
or any place of business, that person remains idle, loiters, asks
for alms, begs for alms, or solicits for alms in a manner which is
designed to intentionally obstruct pedestrian or vehicular traffic
or if that person aggressively begs.[2]
[Amended 6-19-2019 by Ord. No. 17-2019]
[2]
Editor's Note: Ordinance No. 31-2016, adopted 7-13-2016, provided
for a fine of $54 for aggressive begging.
(2)
No person may ask, beg or solicit alms in any public transportation
vehicle or at any bus or train station or stop.
(3)
No person may ask, beg or solicit alms within 100 feet of any automatic
teller machine (ATM).
(4)
No person may ask, beg or solicit alms from any operator or occupant
of a motor vehicle that is in traffic on a public street.
(5)
No person may ask, beg or solicit alms from any operator or occupant
of a motor vehicle on a public street in exchange for blocking, occupying
or reserving a public parking space or directing the operator or occupant
to a public parking space.
(6)
No person may ask, beg or solicit alms in exchange for cleaning motor
vehicle windows while the vehicle is in traffic on a public street.
(7)
No person may ask, beg or solicit alms in exchange for protecting,
watching, washing, cleaning, repairing or painting a motor vehicle
or bicycle while it is parked on a public street.
(8)
No person may ask, beg or solicit alms on private property or residential
property without permission from the owner or occupant.
(10)
[4]No person may ask, beg or solicit alms within 100 feet
of a bank or check cashing.
[Added 8-23-2023 by Ord. No. 51-2023]
(11)
No person may ask, beg or solicit alms from an operator or occupant
of a motor vehicle when such vehicle is stopped in a gasoline station
or at a gasoline pump.
[Added 8-23-2023 by Ord. No. 51-2023]
(12)
No person may ask, beg or solicit alms from an operator or occupant
of a motor vehicle when such vehicle is stopped at a drive-through
window of any store, shop, restaurant, or any place of business.
[Added 8-23-2023 by Ord. No. 51-2023]
[1]
Editor's Note: Former Subsection B, Permits, was repealed
5-4-2016 by Ord. No. 22-2016. This ordinance also redesignated former
Subsection C as Subsection B.
[Amended 7-17-1941 by Ord. No. 7-1941; 9-24-1942 by Ord. No.
18-1942]
A.
No person shall keep, manage, maintain, reside in, frequent or be
an inmate of a disorderly house or house of ill fame, or permit his
or her house, hotel, shop, saloon or other building or place to be
used, frequented or occupied by or resorted to by riotous or disorderly
persons, vagrants, prostitutes, common mendicants, palmists, fortune
tellers, persons who, for gain, assume to foretell destinies, pickpockets,
thieves, burglars, swindlers, confidence men, or other criminals or
persons who bear a bad reputation, nor shall any person make or assist
in making or take active part in any riot, noise, quarrel, brawl or
disturbance at any house, hotel, saloon, shop, store or other building
or place, either public or private.
B.
No person shall, within the limits of the City of Atlantic City,
be a common thief, procurer or pickpocket, common nightwalker, common
prostitute or common procurer.
C.
No person shall, by word, act, sign or any device, invite or solicit
unlawful sexual intercourse or any other unlawful, indecent, lewd
or lascivious act.
D.
Any such person shall be deemed to be a disorderly person, and such
person shall be subject to the penalties provided by this article.
No person shall, within the boundaries of the City of Atlantic
City, carelessly or recklessly drop, throw, cast or strike with any
stick, stone brick, ball, snowball or other missile or projectile
of any kind whatsoever, in a manner doing injury to, or likely or
calculated or intended to do injury to, another person or property;
and no person shall, while on the lands oceanward of the Boardwalk,
or on the public highway in said city, pitch, throw, toss or project
any baseball or other ball, projectile or missile whatsoever.
No person shall engage in any practice, sport, gymnastics, game
or exercise or do any other act having a tendency to frighten horses
or other animals; or to any persons in the streets or on the sidewalks,
or the lands oceanward of the Boardwalk, or other public places in
said City, or which cause or tend to cause crowds to gather or collect,
and so cause obstruction of, or impeding of, travel on streets, sidewalks
or other such places or which interfere with the comfort of persons
upon or in any such places.
No person shall take plants or flowers or other things from,
or mutilate in any manner, any property, real or personal, public
or private, or write, paste, post or place in any manner any obscene
or vulgar words, phrases, languages, pictures, drawings, prints, lithographs
or characters on any wall, house, fence, signboard, billboard or other
structure; nor shall any person make any indecent or lewd exposures
of themselves or peep or look upward through apertures or openings
in the Boardwalk or other elevated walks in said City while persons
are walking or standing thereon.
A.
No person shall sleep in the streets, parks or any other public place
within the City of Atlantic City. For the purposes of this article,
the requisite purpose of sleeping shall be presumed when someone is
sitting or lying on or upon the surface of the Boardwalk, on or under
the Boardwalk railings or under the Boardwalk itself. The requisite
purpose of sleeping shall also be presumed when someone has erected
or located a temporary structure in the streets, including on or upon
the surface of the Boardwalk, under the Boardwalk, parks or any other
public place within the City of Atlantic City, including but not limited
to tents, canopies, and any other membrane structures without permit.
The placement or erection of a tent is strictly prohibited in any
public area.[2]
[Amended 12-20-2023 by Ord. No. 72-2023]
[2]
Editor's Note: Ordinance No. 31-2016, adopted 7-13-2016, provided
for a fine of $54 for sleeping in public.
B.
It shall be unlawful for any person to urinate or defecate in any
public place, except in such places as may be provided for such use.
C.
No person shall appear or travel on any street, avenue, highway,
road, boardwalk, beach, beachfront or waterway located within the
City of Atlantic City or appear in any public place, store or any
business open to the public in said City in a state of nudity. For
purposes of this section, a person shall be considered in a state
of nudity when clothing or absence thereof completely exposes to public
view a person's anus, genitals or female breasts.
(1)
This section shall not apply to a woman's breastfeeding of a baby,
whether or not the nipple or areola is exposed during or incidental
to the feeding.
Any officer or member of the Police Department or Police Force
shall have the power and authority to arrest, without warrant, any
person found by him violating any of the provisions of this article
or committing any of the acts herein specially or generally set forth.
[Amended 7-17-1941 by Ord. No. 7-1941; 2-1-1989 by Ord. No.
2-1989; 11-25-2008 by Ord. No. 104-2008]
Any person violating any of the provisions of this article shall,
upon conviction in the Municipal Court of the City of Atlantic City,
be punished for each offense by a fine not to exceed $2,000 or by
imprisonment for any term not exceeding 90 days in the county jail
or in any place provided by the municipality for the detention of
prisoners, or both.
