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Newark, NJ Public Conduct: Loitering Rules (2026)

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

Key Facts

Applies
after a police order to move
Covers
sidewalks, streets, churches, theaters
Chapter
20:5, Interference With Police
Max fine
$1,000
Max jail
90 days
Enforcing agency
Newark Division of Police

Summary

Newark makes it unlawful to loiter or refuse to move along sidewalks and streets once a police officer orders a person to move on. Section 20:5-1 also bars idling near churches or theaters during services or performances after an officer's order, carrying the Title XX general penalty of up to $1,000 or 90 days.

No person shall: a. Congregate with others on a street and refuse to move on when ordered by the Police; b. Idly remain, loiter, or refuse to move, in front or in the neighborhood of any church or other place of public worship, during the service therein, or while the members of its congregation are repairing to or returning from such church or other place of public worship, after having been directed by any officer or member of the Police Force to move away therefrom; ... d. Idly remain, or refuse to move on, loiter on the sidewalks or public streets after having been notified to move away therefrom by any officer or member of the Police Force.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 5019615; v61 updated 2026-06-17; through 06-17-2026).

Full Breakdown

Section 20:5-1, Refusal to Obey Order of Police Officer, in Chapter 20:5 (Interference With Police) lists acts a person may not do: congregate with others on a street and refuse to move on when ordered by police; idly remain, loiter, or refuse to move near a church or place of worship during services or as the congregation arrives or leaves, after an officer has directed them away; idly remain or loiter near a theater, concert hall, ballroom or other place of public amusement while it is open, or while the public is arriving or leaving, after being told to move by an officer; and idly remain or loiter on sidewalks or public streets generally after being notified by police to move away.

The ordinance is not a blanket loitering ban; it only applies once an officer has given a direct order to move on, and it sits in the same chapter as Section 20:5-2 (impersonating an officer) and Section 20:5-3 (obstructing officers in performance of duty), which the code notes tracks State v. J. Super. 6 (App. Div. A. 2C:29-1. Because Chapter 20:5 does not set its own fine schedule, a violation falls back to the general penalty for Title XX, Offenses Miscellaneous, in Section 20:1-1: a fine of up to $1,000, imprisonment of up to 90 days, community service of up to 90 days, or a combination, with each day of a continuing violation counted as a separate offense.

Violations & Fines

Because Chapter 20:5 carries no chapter-specific fine, a Section 20:5-1 conviction is punished under the Title XX general penalty in Section 20:1-1: a fine not exceeding $1,000, imprisonment not exceeding 90 days, a period of community service not exceeding 90 days, or any combination the Municipal Court orders, with each day a violation continues treated as a separate offense.

Frequently Asked Questions

Can Newark police order me to stop loitering on a sidewalk?
Yes. Section 20:5-1d makes it unlawful to idly remain, loiter, or refuse to move on a sidewalk or public street once an officer or member of the Police Force has notified the person to move away. The ordinance does not ban standing on a sidewalk outright; it only triggers after that order is given.
Does Newark's loitering rule apply near churches and theaters specifically?
Yes. Subsections 20:5-1b and c separately bar idling or loitering near a church during services or as the congregation arrives or leaves, and near a theater, concert hall or ballroom while open or as patrons come and go, in each case only after an officer has directed the person to move away.
What is the penalty for violating Newark's loitering ordinance?
Chapter 20:5 sets no fine of its own, so a Section 20:5-1 violation is punished under the citywide Title XX general penalty in Section 20:1-1: up to a $1,000 fine, up to 90 days in jail, up to 90 days of community service, or a combination, with each day of a continuing violation a separate offense.

Sources & Official References

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