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Howell, NJ Public Conduct: Loitering Rules (2026)

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

Key Facts

Core rule
Howell Township Code § 195-2
Conduct tests
Four: violent reaction, disturbance, obstruction, interference
Police order
Leave the place; refusal is a violation (§ 195-3)
Maximum fine
$2,000 under § 1-4
Minimum fine
$100 under § 1-4
Jail or service
Up to 90 days of jail or community service

Summary

Howell Township Code § 195-2 makes it unlawful to loiter in a public place in a manner that causes a violent reaction, creates a disturbance that threatens the peace, obstructs the free passage of pedestrians or vehicles, or obstructs, molests or interferes with a person lawfully there. A police officer can order the person to leave, and refusing is a violation.

It shall be unlawful for any person to loiter in a public place in such a manner as to: A. Cause or create an immediate, actual physical violent reaction from any person, which violent reaction will cause a threat to the peace and order of the public. B. Create or cause to be created any disturbance or annoyance to the comfort and repose of any person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and order of the public. 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 § 195-3 above. ... 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.

Full Breakdown

Chapter 195, Loitering, was adopted by the Township of Howell by Ord. No. O-94-20 (§ 3-30 of the 1974 Code). Section 195-1 defines loitering as remaining idle in essentially one location, including spending time idly loafing, to be dilatory, to linger, to stay, to saunter, to delay, to stand around, and the colloquial expression hanging around. A public place covers all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings, and it includes the front or immediate area of any store, shop, restaurant, grounds, areas, parks or other public recreational areas.

Idling alone is not the offense. Section 195-2 reaches loitering in a public place only when it is done in such a manner as to do one of four things. Subsection A covers causing or creating an immediate, actual physical violent reaction from any person that threatens the peace and order of the public. Subsection B covers creating a disturbance or annoyance to the comfort and repose of any person of ordinary sensibilities so that the person reacts immediately in a way that threatens physical violence. Subsection C covers obstructing the free passage of pedestrians or vehicles. Subsection D covers obstructing, molesting or interfering with any person lawfully in a public place, including unsolicited remarks of an offensive, disgusting or insulting nature calculated to annoy or disturb.

Section 195-3 gives the police officer the enforcement step. Whenever an officer, in the exercise of reasonable judgment, decides that a person's presence in a public place is causing or is likely to cause any of the conditions in § 195-2, and deems it necessary for the preservation of the public peace and safety, the officer can order that person to leave that place. Anyone who refuses to leave after being ordered is guilty of a violation of the chapter.

Violations & Fines

Section 195-4 sends violations to the General Penalty in Chapter 1, Article II. Under § 1-4, unless another provision sets a different penalty, a conviction carries a fine not exceeding $2,000, imprisonment not exceeding 90 days, or community service of not less than 10 nor more than 90 days, with a minimum fine of $100. A repeat conviction within one year of a fined violation draws an additional fine under § 1-4B.

Frequently Asked Questions

Is standing outside a store in Howell Township loitering?
Standing alone is not the offense. Section 195-2 applies only when the loitering does one of four things: causes a violent reaction, creates a disturbance threatening the peace, obstructs the free passage of pedestrians or vehicles, or obstructs, molests or interferes with a person lawfully there. The public place definition does include the front or immediate area of any store, shop or restaurant.
What must a Howell police officer decide before ordering someone to leave?
Under § 195-3, the officer must decide, in the exercise of reasonable judgment, that the person's presence in a public place is causing or is likely to cause a condition listed in § 195-2, and must deem the order necessary for the preservation of the public peace and safety. Refusing to leave after the order is a violation of the chapter.
What is the penalty for loitering in Howell Township?
Section 195-4 applies the General Penalty. Under § 1-4 of the Township Code, a conviction carries a fine not exceeding $2,000, imprisonment not exceeding 90 days, or community service of not less than 10 nor more than 90 days, and a fine of at least $100 is imposed. A repeat violation within one year adds a further fine.
Does loitering include obstructing a sidewalk in Howell Township?
Yes. Section 195-2C makes it unlawful to loiter in a public place in such a manner as to obstruct the free passage of pedestrians or vehicles. Section 195-1 lists sidewalks, streets, boulevards and alleys among public places, so a group blocking a sidewalk falls within the rule and can be ordered to leave under § 195-3.

Sources & Official References

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