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Camarco v. City of Orange

Decided: October 18, 1971.

PHILIP CAMARCO, JR., A CITIZEN AND RESIDENT OF NEW JERSEY, AND RUTH SEGLIN, A CITIZEN AND RESIDENT OF THE CITY OF ORANGE, PLAINTIFFS-APPELLANTS,
v.
CITY OF ORANGE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, GENNARO D'ANGELIS, IN HIS CAPACITY AS DIRECTOR OF THE POLICE DEPARTMENT OF THE CITY OF ORANGE, JOSEPH MAGRINO, IN HIS CAPACITY AS CORPORATION COUNSEL OF THE CITY OF ORANGE, AND THOMAS J. FREDA, IN HIS CAPACITY AS CLERK OF THE MUNICIPAL COURT OF THE CITY OF ORANGE, DEFENDANTS-RESPONDENTS



Kilkenny, Labrecque and Lane. The opinion of the court was delivered by Lane, J.A.D.

Lane

Plaintiffs sought a declaratory judgment that an ordinance of the City of Orange amended October 7, 1969, prohibiting loitering under certain conditions was "illegal and unconstitutional and in violation of the Constitutions of the United States and of New Jersey." On cross-motions for summary judgment the trial court entered judgment dismissing the complaint. The judgment was based upon a written opinion which construed the ordinance as providing that an offense was committed under its terms only when the offender was engaging in the conduct prohibited in section 2 and refused to move along after being requested to do so by a police officer. Plaintiffs appeal.

The procedural history is set forth in the opinion of the trial court, 111 N.J. Super. 400, and will not be repeated. Defendants do not appeal from the holding that plaintiffs have standing to bring the action.

The pertinent portions of the ordinance are:

SECTION 1. Definitions. As used in this Section.

(a) "Loitering" shall mean remaining idle in essentially one location and shall include the concepts of spending time idly loafing or walking about aimlessly, and shall also include the coloquial [sic] expression "hanging around."

SECTION 2. Certain Types of Loitering Prohibited.

No person shall loiter in a public place in such manner as to:

(a) Create or cause to be created a danger of a breach of the peace.

(b) Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.

(c) Obstruct the free passage of pedestrians or vehicles.

(d) Obstruct, molest, or interfere with any person lawfully in any public place as defined in Section 1 (b). This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to ...


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