[HISTORY: Adopted by the Township Council of the Township of Brick 12-15-1970
by Ord. No. 93-70 (Ch. 197 of the 1989 Code). Amendments
noted where applicable.]
[Amended 12-10-2002 by Ord. No. 93-A-02]
A.
No person shall remain idle or lounge or loiter or sleep
in or upon any public street, sidewalk, highway, road, alley or other public
place in the Township of Brick in the County of Ocean and the State of New
Jersey. No person shall be found guilty of so remaining idle if he establishes
that he had a legitimate business or purpose in so doing.
B.
No person shall go about from door to door or place himself in or upon any public street, road, avenue, beach, parkway other public or quasi, public, to beg or gather alms. No person shall be found guilty if he establishes that he has obtained a license pursuant to § 324-2 or is exempt from obtaining a license pursuant to § 324-5 of the Code of the Township of Brick.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes:
The concepts of standing idly by, spending time idly, loafing or walking
about aimlessly without purpose, and shall include the colloquial expression
of "hanging around."
Obstructing the free unhampered passage of pedestrians or vehicles.
Obstructing, molesting or interfering with any person lawfully upon
any public street, sidewalk, highway, road, alley or other public place as
defined herein.
Remaining idle in essentially one location without being able to establish
a legitimate business or purpose in so remaining idle or by conduct exhibiting
the absence of a lawful purpose in so remaining idle.
Refusing to move on when so requested by any state police officer or
special police officer of the Township of Brick or any peace officer of said
Township, provided that said officer has exercised his discretion reasonably
under the circumstances in order to preserve, maintain or promote peace, order
and safety.
Includes:
The front of or in the neighborhood of any store, shop, restaurant,
luncheonette, tavern or other place of business without limitation.
Public grounds, areas, parks, marinas and buildings, without limitation.
Any parking lots or other vacant private property not owned or under
the dominion of the person charged with a violation of this chapter or, in
the case of a minor under the age of 18 years, not owned or under the dominion
of the parent, guardian or other adult person having the care and custody
of said minor.
A.
It shall be unlawful for the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years to knowingly permit said minor to remain idle or lounge or loiter or sleep in violation of § 271-1 of this chapter.
B.
Whenever any minor under the age of 18 years is arrested or taken into custody for a violation of § 271-1 of this chapter, the state police officer located in the Township of Brick or the special police officer in the Township of Brick or any peace officer shall notify the parent, guardian or other person having the custody of such minor of such arrest or taking into custody.
C.
If it is established that any minor under the age of 18 years shall have violated § 271-1 of this chapter between the hours of 10:00 p.m., prevailing time, and 6:00 a.m., prevailing time, of the following day, then it shall be presumed, in the absence of proof to the contrary, that the parent, guardian or other adult person having the care or custody of such minor knowingly permitted such minor to do so.
D.
If it is established that the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years was duly notified, pursuant to Subsection B of this section, that such minor had been arrested or taken into custody for the violation of § 271-1 of this chapter, and it is further established that such minor subsequently remained idle, loitered, lounged or slept in violation of § 271-1, then it shall be presumed, in the absence of proof to the contrary, that such parent, guardian or other adult person having the care or custody of such minor knowingly permitted such subsequent violation.
[Amended 3-14-1989 by Ord. No. 666-89]
Any person who violates any provision of this chapter, upon conviction, shall be subject, for each and every violation, to the penalties as provided in Chapter 1, § 1-15, General penalty, at the discretion of the Township Judge or other proper judicial officer before whom complaint shall be made under this chapter.