HomeMy Public PortalAbouto 99:06No. 99-6
Councilman
(0ri inanre
Presents the following Ordinance Seconded by Councihnan
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 182
OF THE BOROUGH CODE OF THE BOROUGH OF CARTERET
BE IT ORDAINED by the Mayor and Council of the Borough of Carteret that
Chapter 182, Section 9 of the Code of the Borough of Carteret titled "Parks" subtitled
"Violations and Penalties" is hereby amended as follows:
1. The existing paragraph shall be designated as subsection "B".
2. A new subsection designated as subsection "A" shall be added to read in its
entirety as follows:
A. After receipt of a warning notice pursuant to Section 182-8 of a first
violation by a juvenile, if the juvenile is found guilty of a second violation of
the Park rules he shall be deemed to be in violation of this Ordinance and
subject to the penalties set forth in Section 182-9(B); additionally the Parents
and Guardian of the juvenile shall also be subject to prosecution under this
Ordinance under such circumstances.
BE IT FURTHER ORDAINED that the following new section designated Section
182-7A shall be added to read in its entirety:
§182-7A. Responsibilities of the Parent or Guardian
A Parent or legal Guardian shall not permit, or by ineffective control allow a
minor to violate this loitering
BE IT FURTHER ORDAINED that the tbllowing subsections be added to Section
182-8 titled "Enforcement" to read in their entirety:
D. Any juvenile found by a police officer to be in violation of any rule regarding
conduct within the parks shall be taken into police custody and released thereafter
to Ids or her Parent or Guardian. The Parent and Guardian shall immediately be
notified and required to report to police headquarters to obtain release of the
juvenile,
E. In determining the age of the juvenile, and in the absence of convincing
evidence such as a birth certificate, a police officer shall use his or her best
judgement in determining age.
F. When a Parent or Guardian is immediately called and has come to take charge
of the juvenile, information shall be sought fi.om the Parent or Guardian or person
having legal custody of the minor so as to permit ascertainment, under
constitutional safeguards, or relevant facts and to centralize responsibility in the
person designated there and then on duty for accurate, effective, fair, impartial
and uniform enforcement and recording making
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99-6
NO.
G. If a Parent of Guardian cannot be located or fails to take charge of the
juvenile, then the juvenile shall be released to the Juvenile Authorities, the juvenile
may temporarily be entrusted to any adult, relative, neighbor or other person who
will on behalf of a Parent assume the responsibility of caring for the juvenile
pending availability of the Parent or Guardian.
H. In the case of a juvenile, a formal warning shall be issued to a first offender
and served upon the Parent or Guardian in person or by certified mail. Thereafter,
summons shall be issued to a second offender and served upon the Parent or
Guardian in person or by certified mail.
1. If the juvenile has been issued a warning, or limited of violating this ordinance
on a prior occasion within six (6) months of the date of the alleged subsequent
violation, there shall be a presumption that the Parent or Guardian having care of
the juvenile knew or should have known of the juvenile's violation of this section.
BE IT FURTHER ORDAINED that this ordinance shall be advertised and take
effect in accordance with law.
- COUNCILMAN
CRILLEY ._
FAZEKAS
G~TOWSKI__
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DO NOT USE SPACE BELOW THIS LINE
rECORD OF COUNCIL VOTE
0 I NV ~z~[ COUNCILMAN
X - Indicate Vmc AB - Absent
ES NO ~ l'
X
X
N V - Not Voting XOR - Indicates Votc to Ovcrrulc Vcto
Adopted on first reading of the Council of the Borough of Carteret. N.J,, on _F'~_ RIIARY 18, 1909
March 6, 19~
Adopted on second reading after hearing on _
- MUNICIPAL CLE