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Home My Public Portal About96-25No. 96-'~$ Of Councilman Presents the following Ordinance Seconded by Councihnan AMENDING BOROUGH CODE, CHAPTER 168 ENTITLED "LOITERING" BE IT ORDAINED that Chapter 168 of the Code of the Borough of Carteret is amended as follows: Peace and Good Order DEFINITIONS: For purpose of this chapter, terms used are defined as follows: 168-1 LOITERING - Remaining idle in essentially one (1) location, and shall include the concepts pending 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 ora 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 grounds, areas or 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 ordinance, or, in the case of a minor, not owned or under the control of his parent or guardian. 168-2 LOITERING A. Certain types of loitering prohibited. No person shall loiter in a public place in such manner as to: (1) Create or cause to be created a danger or a breach of the peace. (2) Create or cause to be created any disturbance or annoyance to comfort and response of any person. (3) Obstruct the tree passage of pedestrian or vehicles. (4) Obstruct, molest or interfere with any person lawfully in any public place defined in 51-1. This sub-section shall include the making of unsolicited nature of which are calculated to annoy or disturb the person to or in whose hearing they are made. NO. 96-25 ' PAGE 2 B. Discretion of Police Officer. Whenever any police officer shall, in the exercise or reasonable judgement decided that the presence of any person in any public place is causing or is likely to cause any of the conditions operated in subsection A, 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. C. Loitering by minors. No parent or guardian of a minor under the age of eighteen (18) years shall knowingly permit that minor to loiter in violation of the chapter. D. Notice of violation. Whenever any minor under the age of eighteen (18) years is charged with a violation of this chapter, his parent of guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice. E. Presumption. If at any time within thirty (30) days fbllowing the giving of notice, as provided in Subsection D, 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. 168-3 PROHIBITED ACTS. A. No person or persons shall make, aid, assign, any riot, breach of peace or disturbance or be guilty of any disorderly conduct or open drunken- ness, or drink intoxicating liquors in the open streets or highways of the Borough of Carteret or other quasi-public open places in the township. -- B. Repairs, construction work or maintenance, including use of lawn mowers or other types of equipment, which involves annoyance to person or persons, shall not be performed except on Monday through Friday, between the hours of 7:00 A. M. and 10:00 P.M, and on Saturday and Sunday between the hours of 9:00 A.M. and 8:00 P.M. 168-4 PROHIBITED BEHAVIOR No person or persons shall loiter in the streets or highways or in public or quasi-public places or utter loud, offensive indecent language in the streets or highways or in other public or quasi-public places or make improper noise, utter loud, offensive or indecent language or remarks or indecent language on private property so that the same is audible to the public beyond the confines of said private property or make offensive or improper gestures to any person or persons on such street, highways or public places or conduct himself in any manner contrary to public decency; nor shall any person or persons trespass upon the property of another without permission of the owner, occupant or lessee. NO. 96-25 PAGE 3 168-5 BEHAVIOR OR PERSONS IN VEHICLES No person or person in a vehicle shall make offensive remarks or gestures to any person or persons in a public place, these remarks being uncalled for and unwanted and contrary to proper decorum. No person or persons in a vehicle shall accost male or female persons on foot or in another vehicle in a seductive or enticing manner or in any manner contrary to good taste and decorum, either by words or gestures or mannerisms. 168-6 DISORDERLY HOUSES PROHIBITED No persons shall keep or maintain a disorderly house or a home or ill fame or allow or permit any house, shop store or other building owned or occupied by him or her to be used as a disorderly house or house of ill fame, to be frequented or resorted to by riotous or disorderly persons, prostitutes, gamblers or vagrants. 168-7 DESTRUCTION OF PROPERTY No person shall, within the limits of the said township, maliciously destroy, damage or injure the personal property or real property of any person, firm or corporation, or any public property, whether the same be personal or real nor shall any person, place or cause to be placed, any material or obstruction or interfere in any manner whatsoever with public or private property, specifically but not by way of limitation, of sewers, drainage and water facilities, whether they be located on public roads or private property, nor shall any person suffer any interference, damage or injury to any public or private property which shall affect the normal use thereofi 168-8 SIGNS AND NOTICES IN STREETS No person shall: A. Mutilate or remove any notice or damage, destroy or remove any warning sign or signal or remove any barricade placed or posted on any highway in connection with or relating to the closing of any road. B. Drive any vehicle over or upon the closing portion or any highway. C. Violate any rule or regulation for the use of any highway. 168-9 DEPOSITING SUBSTANCES IN STREETS OR OTHER PLACES No person shall place, throw, suffer or permit the depositing of any stone, sticks, glass, snow, or ice or any hard dangerous or offensive substance upon any street, avenue, road, highway or other public thoroughfare; nor shall any person throw any such object or substance at, upon or against any person, vehicle of transportation, building or other structure. 96-25 PAGE_ NO. 168-10 Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1-17 of this code. DO NOI USE SPACE BELOW Tills LINE RECORI) OE COUNCIl, 'VOTE COUNCILMAN YES-NO NV A.B._ COUNCILMAN FAILACE 0' BRIEN FAZEKAS VESEY X - Indicate Vt)lc AB - Absent NV - Not Voting XOR - lndicnics Vole Adopted on first reading of thc Council of Ihe Borough of Carteret, N.J., on Nov~r 7 ? 1996 NOVEMBER 19, 1996 Adopted on second reading after hearing on _ ON ' / MUNICIPAL CLERK