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Elizabeth, NJ Public Conduct: Loitering Rules (2026)

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

Key Facts

Governing chapter
Municipal Code Ch. 9.20
Max fine
$200.00
Max jail term
30 days
Police order to leave
Discretionary under Sec. 9.20.030
Minor's parent/guardian
Liable if knowingly permits violation

Summary

Elizabeth prohibits loitering in any public place in a manner that risks a breach of the peace, disturbs the comfort of others, obstructs pedestrian or vehicle passage, or involves unsolicited offensive remarks directed at a passerby. Municipal Code Chapter 9.20 lets a police officer order a person causing these conditions to leave, and refusing to go is itself a separate violation.

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; and D. Obstruct, molest or interfere with any person lawfully in any public place as defined in Section 9.20.010. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31).

Full Breakdown

010 as "remaining idle in essentially one location," including spending time idly, loafing, walking about aimlessly, or "hanging around," in any public place, defined to include streets, sidewalks, the fronts of stores, shops, restaurants, taverns, public and private school grounds, parks, and even private parking lots not controlled by the person charged. 020 then narrows the prohibition to loitering that creates a danger of a breach of the peace, causes disturbance or annoyance to another's comfort and repose, obstructs free passage of pedestrians or vehicles, or obstructs, molests or interferes with a person lawfully present, including unsolicited offensive, disgusting or insulting remarks meant to annoy or disturb the listener.

030, a police officer who reasonably judges that a person's presence is causing or is likely to cause any of those conditions may order the person to leave, and refusing that order is itself a chargeable violation of the chapter. 060 add a distinct track for minors: a parent or guardian may not knowingly permit a child under 18 to loiter in violation of the chapter, the police chief must notify the parent or guardian after a minor's first violation, and a second violation within 30 days is presumed to have occurred with the parent's knowledge and permission absent contrary evidence.

Violations & Fines

Section 9.20.070 sets the penalty for any violation of Chapter 9.20 at a fine of up to $200.00, imprisonment for up to 30 days, or both, at the court's discretion. Refusing a police officer's lawful order under Section 9.20.030 to leave the location is charged as its own separate violation of the chapter, in addition to any underlying loitering charge.

Frequently Asked Questions

What counts as illegal loitering in Elizabeth?
Under Section 9.20.020, it is loitering in a public place that risks a breach of the peace, disturbs another person's comfort, blocks pedestrians or vehicles, or includes unsolicited offensive remarks aimed at someone nearby. Simply standing around is not itself illegal unless one of these conditions is present.
Can police just order someone to leave for loitering?
Yes. Section 9.20.030 allows an officer who reasonably judges a person's presence is causing or likely to cause a breach-of-peace condition to order that person to leave the location. Refusing to comply is a separate violation of Chapter 9.20.
What is the penalty for loitering in Elizabeth?
Section 9.20.070 sets a fine of up to $200.00, up to 30 days in jail, or both, at the court's discretion, for any violation of the loitering chapter.
Are parents responsible for a minor's loitering?
Yes. Section 9.20.040 bars a parent or guardian from knowingly permitting a minor under 18 to loiter in violation of the chapter, and a repeat violation within 30 days of notice is presumed to have parental knowledge and permission.

Sources & Official References

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