[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle 1-8-1975 as Ord. No. 1339. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Remaining idle in essentially one (1) location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around."
- PARENT or GUARDIAN
- Any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
- PUBLIC PLACE
- Any place to which the public has access and shall include any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, and public pounds, areas, parks, 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 manner as to:
Cause an immediate, actual, physical, violent reaction from any person, which violent reaction will cause a threat to the peace and order of the public.
So disturb a person of ordinary sensibilities 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.
Obstruct the free passage of pedestrians or vehicles.
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 79-1. This subsection shall include the making of unsolicited remarks of an offensive, insulting or annoying nature such as would disturb a person of ordinary sensibilities 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.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 79-2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter. As a prerequisite to any prosecution under § 79-2, the person charged with such violation must have refused to obey the order of the police officer to leave as set forth in this section.
No parent or guardian of a minor under the age of eighteen (18) years shall knowingly permit that minor to loiter in violation of this chapter.
Whenever any minor under the age of eighteen (18) years is charged with a violation of this chapter, his parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.
If at any time within thirty (30) days following the giving of notice as provided in § 79-5 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.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding two hundred dollars ($200.), or by imprisonment not exceeding thirty (30) days, or both, in the discretion of the court.