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Irvington, NJ Public Conduct: Loitering Rules (2026)

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

Key Facts

Live loitering section
§ 439-26, soliciting crimes against nature
General loitering repealed
Former §§ 139-21, 139-22 deleted 1981
Related section
§ 439-22, peeping while loitering
Max fine
$2,000 (§ 1-17 default)
Max jail term
90 days

Summary

Irvington repealed its general loitering ordinance when it recodified in 1981; the only loitering offense still on the books is Section 439-26, which bars frequenting or loitering about any public place to solicit someone for a crime against nature or other lewdness.

No person shall, within the Town, frequent or loiter about any public place soliciting men or women for the purpose of committing a crime against nature or other lewdness.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).

Full Breakdown

' What survives as a live loitering offense is Section 439-26, Soliciting crimes against nature, which makes it unlawful to frequent or loiter about any public place soliciting men or women for the purpose of committing a crime against nature or other lewdness. The section is narrower than a general anti-loitering rule: it does not reach loitering by itself, only loitering for the specific purpose the section names. A related but separate offense sits two sections earlier at Section 439-22, Peeping or spying, which bars loitering on private property not your own to pry into a home's privacy by peeping or other furtive spying; that section addresses trespass-adjacent loitering on private land rather than public solicitation.

Neither section carries its own dollar-amount fine schedule under Section 439-35, which lists set penalties only for Sections 439-18, 439-19 and 439-28, so a conviction on either falls to the Township's default penalty at Section 1-17.

Violations & Fines

Convictions under Sections 439-26 or 439-22 are not part of the Article I fine schedule in Section 439-35, so both default to the Township's general penalty at Section 1-17: a fine of up to $2,000, imprisonment for up to 90 days, or both, with an optional community-service condition of up to 90 days.

Frequently Asked Questions

Does Irvington have a general loitering law?
Not anymore. The Township's original loitering rules, former Sections 139-21 and 139-22 of the 1981 Revised Code, were deleted when the current Code was adopted. The only loitering offense left in Chapter 439 is Section 439-26, limited to loitering in public to solicit someone for a crime against nature or other lewdness.
What exactly does Section 439-26 prohibit?
It bars frequenting or loitering about any public place to solicit a man or woman for the purpose of committing a crime against nature or other lewdness. The prohibition attaches to that specific solicitation purpose, not to standing around in public generally.
Is loitering on someone's property covered too?
Separately, Section 439-22 makes it unlawful to loiter on private property that is not yours to pry into a home's privacy by peeping or other furtive spying, a distinct offense from the public solicitation covered in Section 439-26.
What is the penalty for a Section 439-26 conviction?
Neither Section 439-26 nor Section 439-22 has its own fine listed in the Article I schedule at Section 439-35, so a conviction defaults to the Township's general penalty at Section 1-17: up to $2,000 in fines, up to 90 days in jail, or both.

Sources & Official References

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