City of Somers Point, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Somers Point 12-9-2010 by Ord. No. 19-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES:
General penalty — See Ch. 1, Art. II.
Drug-free school zones — See Ch. 18.
Alcoholic beverages — See Ch. 75.
Beaches — See Ch. 85.
Curfew — See Ch. 107.
Entertainment — See Ch. 128.
Fireworks — See Ch. 143.
Littering and property maintenance — See Ch. 169.
Noise — See Ch. 188.
Parades — See Ch. 195.
Parks and recreation facilities — See Ch. 199.
[1]
Editor's Note: This chapter was originally adopted as Ch. 70 but was redesignated as Ch. 117 to fit the alphabetical sequence of the Code.

§ 117-1 Definitions.

As used in this section, the following terms shall have the meanings indicated:
LOITERING
Engaging in conduct in a public place in essentially one location, which conduct may:
A. 
Obstruct the free passage of pedestrians or vehicles;
B. 
Obstruct, molest or interfere with any person lawfully in such public place, including the making of unsolicited remarks of an offensive, disgusting or insulting nature which are calculated to annoy or disturb the person to whom or in whose hearing they are made and which will so disturb such person as to cause an immediate reaction threatening the public peace and order; or
C. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person which will so disturb such person as to cause an immediate reaction threatening the public peace and order.
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.
PERSON
Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, copartnership, or association, and including the plural thereof.
PUBLIC PLACE
Any place to which the public has access, including any street, highway, road, thoroughfare, alley, sidewalk, park, beach or recreation area, or other public facility, as well as the front and immediate vicinity of any store, shop, restaurant or other place of business, any off-street parking lots open to the public, and any vacant private property not owned or under the control of the person charged with violating this section or, in the case of a minor, not owned or under the control of his or her parent or guardian.

§ 117-2 Refusal to obey order of police officer.

Whenever any police officer shall, in the exercise of reasonable judgment, decide that a person in any public place within the City of Somers Point is loitering within the meaning of § 117-1, he may, if he deems it necessary for the preservation of the public peace and safety, order such person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer in accordance with the provisions of this section shall be guilty of a violation of this chapter.

§ 117-3 Loitering by minors prohibited.

A. 
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.
B. 
Whenever any minor under the age of 18 years is charged with a violation of this chapter, his or her parent or guardian shall be notified thereof by the Chief of Police or any other person designated by the Chief to give such notice.
C. 
If, at any time within 30 days following the giving of notice as herein provided, the minor to whom the notice related again violates this chapter, it shall be presumed, in the absence of evidence to the contrary, that the minor did so with the knowledge and permission of his parent or guardian.

§ 117-4 Crossing a police line.

No person shall, without legitimate purpose or business, cross any police line or area of investigation which has been established by any member of the police force of the City of Somers Point at the scene of a crime, disaster, conflagration, fire, motor vehicle accident or other incident.

§ 117-5 Possession of intoxicating liquors.

A. 
No person shall consume any liquor, wine, beer, or any other intoxicating liquor or alcoholic beverage or have access to or possess any open bottle, can, jar, container, or any other vessel which contains any liquor, wine, beer, or any other intoxicating liquor or alcoholic beverage:
(1) 
In or upon any public street, lane, highway, thoroughfare, sidewalk, park recreation area, beach, or any other public or quasi-public place or in any public conveyance;
(2) 
In a private conveyance while such conveyance is in motion, stopped or parked in or on a public street, lane, highway, thoroughfare, park recreation area, beach, public parking lot or quasi-public parking lot;
(3) 
While in or on private property not his or her own, without having the express permission of the owner or any person of adult age authorized to grant such permission.
B. 
The prohibition contained in this § 117-5 shall not apply to the consumption of alcoholic beverages purchased or distributed in accordance with the lawful issuance by the City of Somers Point of an alcoholic beverage permit for a special event; provided, however, that:
(1) 
Such beverage or container shall have been purchased at the event or distributed by the event sponsor;
(2) 
It shall be possessed solely within the geographical boundaries of the location of the event or within such more-limited area as may be prescribed by the terms of the permit or the rules and regulations established by the event sponsor;
(3) 
It shall be possessed only within the time limits established by the permit; and
(4) 
All other conditions of the permit are being satisfied.

§ 117-6 Unlawful urination and defecation.

No person shall engage in the act of urination or defecation in or upon any public street, lane, highway, thoroughfare, sidewalk, park recreation area, beach, or any other public or quasi-public place within the City of Somers Point.

§ 117-7 Indecent exposure.

No person shall:
A. 
Appear in or upon any public place within the City of Somers Point in a state of nudity;
B. 
Make any indecent exposure of his or her person, or commit or do any lewd or indecent act, or behave in a lewd or indecent manner or exhibition of any kind in or upon any street, road, highway, place, alley or lane, public or private, in the City of Somers Point; or
C. 
Expose to public view, within this City, his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region.

§ 117-8 Intent to steal.

No person shall hide or be concealed in or near any public or private place with intent to steal any goods or chattels.

§ 117-9 Discharge of fireworks.

No person shall possess, discharge, set off, fire or light any roman candle, carbide cannon, dynamite cap, rocket, firecracker or other fireworks within the limits of or into the limits of the City of Somers Point unless such person shall be in possession of a valid permit issued by the Mayor of the City of Somers Point in compliance with the requirements of Chapter 143, § 143-1, of the Somers Point Municipal Code.

§ 117-10 Public brawling.

No person shall engage in a public quarrel, fight, brawl or otherwise engage in any disorderly conduct so as to disturb the peace and quiet within the City of Somers Point of its residents or visitors.

§ 117-11 Conduct intended to incite.

No person shall engage in any activity or shall engage in conduct to disturb a person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and order of the public. A disturbance within the scope of this section is 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.

§ 117-12 Public annoyance.

No person shall engage, within the City of Somers Point, in any practice having a tendency to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or engage in any practice, while passing on the streets or sidewalks within this City, having a tendency to annoy persons sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts.

§ 117-13 Offensive noises.

No person shall make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him, her or it, or upon any public street, alley or thoroughfare or other public or quasi-public location within the City of Somers Point, any unnecessary noises or sounds, by means of the human voice or by any other means or methods, which are physically annoying to persons or which are so harsh, or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of this municipality.

§ 117-14 Overnight sleeping in vehicles.

No person shall sleep overnight in any parked vehicle in any location in the City of Somers Point.

§ 117-15 Release of balloons.

[Added 5-11-2017 by Ord. No. 7-2017]
A. 
Purpose and intent. This section is adopted in order to protect the environment, particularly the wildlife, and the health, safety and well-being of persons and property by prohibiting the release of helium balloons into the atmosphere, including latex and Mylar, as it has been determined that the release of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment, particularly to wildlife and marine animals, so as to constitute a public nuisance and may pose a threat to the safety of inhabitants and their property.
B. 
Prohibited releases. It shall be unlawful for any person, firm or corporation to intentionally release, organize the release of, or intentionally cause to be released balloons inflated with a gas that is lighter than air within the City of Somers Point City limits, except for:
(1) 
Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
(2) 
Hot-air balloons that are recovered after launching.
(3) 
Balloons released and kept indoors.

§ 117-16 through § 117-20. (Reserved)

§ 117-21 Violations and penalties.

Any person who violates any of the provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Article II.