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Clifton, NJ Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 355-2
Requires
Intoxication plus public inconvenience or alarm
Location
Streets, quasi-public or non-consented private property
Excludes
Person's own property
Maximum penalty
$1,250 fine or 90 days jail

Summary

Clifton's loitering rule only reaches a narrow situation: standing around in a street, public or quasi-public place, or on someone else's private property without consent, while under the influence of liquor or an illegal controlled substance, in a way that causes public inconvenience, annoyance or alarm.

No person shall loiter in any street or public or quasi-public place or in or upon any private property, not his own or without the consent of the property owner or lawful occupant, while under the influence of intoxicating liquor or any unlawful controlled dangerous substance so as to cause public inconvenience, annoyance or alarm.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963532; v64 updated 2026-07-21; through 07-21-2026).

Full Breakdown

Section 355-2 is not a general anti-loitering ordinance; the Clifton Municipal Council wrote it narrowly around three required elements. First, the location must be a street, a public or quasi-public place, or private property that is not the person's own and where the owner or lawful occupant has not consented to their presence. Second, the person must be under the influence of intoxicating liquor or an unlawful controlled dangerous substance at the time. Third, the loitering must cause public inconvenience, annoyance or alarm, so simply standing on a sidewalk while intoxicated is not enough on its own without that public effect.

The three requirements combine to target the same conduct that public drunkenness and disorderly-persons statutes elsewhere address, and the section sits among Chapter 355's other quality-of-life rules, including § 355-1's public urination and defecation ban and § 355-3's disrobing-in-vehicles ban, all adopted together on January 2, 2008 by Ordinance No. 6709-08. Because the section requires intoxication plus a public-inconvenience effect, it does not reach sober loitering, panhandling alone, or standing on one's own property, none of which are covered by this particular provision.

Violations & Fines

A violation of § 355-2 carries the Chapter 355 penalty in § 355-5: a fine of up to $1,250, imprisonment for up to 90 days, or both. Because the offense requires proof of intoxication and a public effect, an officer must document both the person's condition and the specific inconvenience, annoyance or alarm caused before issuing a summons.

Frequently Asked Questions

Is it illegal to just stand around in Clifton?
No, not by itself. Section 355-2 only applies when a person is loitering while under the influence of liquor or an unlawful controlled substance in a way that causes public inconvenience, annoyance or alarm; sober loitering is not covered by this section.
Does this loitering law apply on my own property?
No. Section 355-2 excludes property that is the person's own, and it only reaches other private property if the person is there without the owner's or lawful occupant's consent while intoxicated and causing a public disturbance.
What must Clifton prove to convict someone under § 355-2?
Three things: the person was loitering in a street, quasi-public place or non-consented private property; they were under the influence of liquor or an unlawful controlled substance; and their presence caused public inconvenience, annoyance or alarm.

Sources & Official References

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