[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:
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.
As used in this section, the following terms shall have the
meanings indicated:
Engaging in conduct in a public place in essentially one
location, which conduct may:
Obstruct the free passage of pedestrians or vehicles;
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
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.
Includes any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
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.
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.
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.
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.
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.
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.
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.
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.
No person shall hide or be concealed in or near any public or
private place with intent to steal any goods or chattels.
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.
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.
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.
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.
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.
No person shall sleep overnight in any parked vehicle in any
location in the City of Somers Point.
[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:
