Criminal Defense Attorney & Former Prosecutor

The following is the ordinance with respect to disorderly conduct and public intoxication in Manasquan, New Jersey.  Individuals are reminded that this ordinance is supplemental to the disorderly conduct offense contained in New Jersey's criminal code under N.J.S.A. 2C:33-2.  If you have been charged or arrested for disorderly conduct in Manasquan,  please contact our law office for a free initial consultation.

3-19 DISORDERLY CONDUCT TICKET OR SUMMONS

3-19.1 Houses of Ill Fame.

No person shall keep or maintain a disorderly house or a house of 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. (1972 Code § 80-10)

3-19.2 License Required by Premises for Sale of Intoxicating Liquors or Beverages.

a. No person shall keep or maintain any house, shop, store or other building, nor allow or permit any person to keep any house, shop, store or other building owned or occupied by him or her, to be used as a house for the sale of beer, wines, ales or intoxicating liquor of any kind or nature, unless the premises are duly licensed in accordance with the laws of the State of New Jersey.

b. No person shall permit any house, shop, store or other building owned by him or her to be frequented or resorted to by any person or persons for the buying or selling of any intoxicating liquors or beverages, unless such premises are duly licensed in accordance with the laws of the State of New Jersey.

3-19.3 Gambling Prohibited.

No person shall deal, play or engage in faro, roulette, bookmaking, lottery or other game of chance, either as banker, player, dealer or otherwise, for the purpose of gaming.

3-19.4 Offensive Language in Public Places Prohibited.

Any person or persons who shall loiter or assemble on the streets, at the corners of the streets or in the public places of the Borough, shall indulge in and utter loud and offensive or indecent language, shall be deemed and adjudged to be a disorderly person.

3-19.5 Offensive Language in Quasi-Public or Private Places.

Any person who shall loiter in any quasi-public place or in or upon any private property not his own within this Borough, or who shall indulge in and utter loud and offensive or indecent language shall be adjudged a disorderly person.

3-19.6 Nudity, Indecent Exposure and Urinating in Public Prohibited.

It shall be unlawful for any person to appear or travel on any street, avenue, highway, road, beach, waterway, alleyway, driveway or any area on private property open to public view in the Borough, or appear in any other such place in the Borough in a state of nudity; in an indecent or lewd dress or garment; or make any indecent exposure of his or her person; or urinate in any of the above described places except in public restrooms provided for that purpose.

3-19.7 Disturbing the Peace Prohibited.

a. No person shall make, aid or assist in making any loud and disturbing noise or noises by use of any device, contraption or machine in the public streets or elsewhere in this Borough.

b. No person shall make, aid or assist in making any disturbance, riot or breach of the peace in the streets or elsewhere within the Borough.

3-19.8 Disturbing Religious Assemblies Prohibited.

No person shall disturb any congregation or assembly met for religious worship in any church or other building, by making a noise or by rude or indecent behavior or profane discourse within such place of worship.

3-19.9 Damaging Property Prohibited.

Any person who shall maliciously destroy, damage, injure, break or deface property shall be adjudged a disorderly person.

3-19.10 Dumping Refuse on Borough Property Prohibited.

Any person, firm or corporation that shall dump any garbage, ashes, trash or other refuse on any property owned or controlled by the Borough, without first obtaining permission of the Borough Council, shall be adjudged a disorderly person. 

3-19.11 Use of Litter Receptacles on Public Property Restricted.

No person shall use an open mesh basket or enclosed litter receptacle placed on public property by the Borough for deposit of household or commercial refuse. 

3-19.12 Trespassing or Defacing School Property Prohibited.

Any person who shall enter any school building or go upon the grounds or lands belong to any public school used and occupied for school purposes, and shall break, injure or deface such building or any part thereof, shall be adjudged a disorderly person.

3-19.13 Loitering for Unlawful Purposes.

Any person who shall be apprehended, either on foot or in any automobile, vehicle or public conveyance, who cannot give a good account of himself, or who is engaged in an illegal occupation and who is in this Borough for an unlawful purpose, shall be adjudged a disorderly person.

3-19.14 Trespassing on Private Property; Invasion of Privacy.

Any person who trespasses on private property and surreptitiously or sneakingly invades the privacy of another by peering into the windows or other openings of dwelling places located thereon for no lawful purpose shall be adjudged a disorderly person.

3-19.15 Motor Vehicles or Motor-Drawn Vehicles Used for Living or Sleeping Purposes Prohibited.

No person shall occupy or use any motor vehicle or motor-drawn vehicle while parked within the Borough, either on public or private property, for living or sleeping purposes.

3-19.16 Use of Tents and Sleeping Bags.

No person or persons shall sleep in a tent, sleeping bag or similar device except within a dwelling unit during the hours between sundown and sunrise. The term dwelling unit is defined in Section 35-3 of Chapter 35, Zoning, of the Municipal Code. No provision of this subsection shall be deemed to permit occupancy of a dwelling unit in violation of the provisions of Chapter 13, Section 13-1, Property Maintenance Code, of the Municipal Code.

Disorderly Conduct under New Jersey's criminal law is set forth at N.J.S.A. 2C:33-2 which provides that:

A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

The criminal attorneys at the law offices of Jonathan F. Marshall are experienced in defending individuals who have received a disorderly conduct ticket, summons or complaint in Manasquan.  Do not hesitate to contact our law firm if you require assistance.