[HISTORY: Adopted by the Common Council of the City of Egg Harbor 7-20-2000
by Ord. No. 11-2000. Amendments noted where applicable.]
As used in this chapter, the following definitions are as follows:
Remaining idle or walking aimlessly about in essentially one location.
A place to which the public has access and shall include any public
building and grounds, street, boardwalk or sidewalk. It shall also include
the front or neighborhood of a store, shop, restaurant, tavern or other place
of business, and public grounds, areas, parks and marinas, as well as parking
lots or other vacant private property not owned by or under the control of
the person charged with violating this chapter or, in the case of a minor,
not owned or under the control of his parent or guardian.
No person shall loiter in a public place in such a manner as to:
A.
Obstruct the free passage of pedestrians or vehicles.
B.
Obstruct, molest or interfere with any person lawfully
in a public place. This subsection shall include the making of unsolicited
remarks of an offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to or in whose hearing they are made.
Any person violating the provisions of this chapter shall be ordered
to move on by a police officer, constable or other law enforcement officer
and, failing to do so, shall be guilty of a violation of this chapter and
be subject to the penalties contained herein.
The parent or guardian of a minor under the age of 18 years shall not
knowingly permit that minor to loiter in violation of this chapter. Whenever
any minor under the age of 18 years is charged with a violation of this chapter,
his parent or guardian shall be notified of this fact. If at any time within
30 days following the giving of notice the minor to whom such notice relates
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 disobey or fail to follow the order, direction or other
signal of any police officer, sheriff's deputy, New Jersey state trooper,
constable or other properly authorized law enforcement official within the
city; nor shall any persons disobey or fail to follow the traffic instructions
on any properly posted traffic control device(s), traffic sign(s) and/or traffic
signal(s) within the city.
Any person violating the terms or provisions of this chapter shall be
sentenced to a fine not to exceed $500 and/or shall be incarcerated for a
period not to exceed 30 days and/or shall be ordered to perform community
service for a period not to exceed 50 hours for a first offense; shall be
liable for a fine of up to $750, incarceration for a period not to exceed
90 days and ordered to perform community service for a period of time not
to exceed 100 hours for a second offense; and shall be liable for a fine of
up to $1,000, incarceration for a period not to exceed 180 days and ordered
to perform community service for a period of time not to exceed 250 hours
for all subsequent offenses.
