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HomeMy Public PortalAbout98:08 'No. 98-0 l~f _ Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE AMENDING, REVISING AND SUPPLEMENTING THE BOROUGH CODE OF THE BOROUGH OF CARTERET AS TO CURFEWS WHEREAS, the New Jersey Legislature enacted P.L. 1992, Ch. 132, which authorizes municipalities to adopt ordinances regulating the presence of minors in public places; and WHEREAS, the Borough of Carteret concurs with the sentiments of the New Jersey Legislature that limiting a minor's access to public places during these hours is in the minor's and society's best interest; and WHEREAS, the Borough of Carteret finds and declares that the particular vulnerability of children, their inability to make critical decisions in an informed, mature manner and the importance of the parental role in child rearing and to encourage better family relations. NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Carteret that the Borough Code of the Borough of Carteret amended, revised and supplemented to include the following: SECTION I: Definitions For the purpose of this chapter, the following terms shall be defined to mean: ADULT: includes natural or adoptive Parents. JUVENILE/MINOR: shall be used interchangeably and shall mean any individual who is sixteen (16) years of age or less. GUARDIAN: means a person, other than the Parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the Parent or is responsible for the care and welfare of the juvenile. PUBLIC PLACE: means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area. KNOWINGLY: includes knowledge or information which a Parent should reasonably be expected to have pertaining to the whereabouts of a juvenile in that Parent's legal custody. It is intended to include and require neglectful or careless Parents to maintain a reasonable community standard of parental respectability through an objective test. It shall be no defense that a Parent was completely indifferent to the activities or conduct or whereabouts of such minor. NO. 98-8 PAGE 2 YEAR OF AGE: continues from one birthday, such as the thirteenth to (but not including the day of) the next such as the fourteenth birthday, making it clear that 13 or less years of age is herein treated as equivalent to the phase "under 14 years of age". SECTION 2: Hours: Exceptions A. It shall be unlawful for juveniles Twelve (12)years of age and under to be in any public place within the Borough of Carteret between the hours of 10:00 P.M. on Sunday, Monday, Tuesday, Wednesday and Thursday and 6:00 A.M. on the next day following and 11:00 P.M on Friday, and Saturday and 6:00 A.M. on the next following day. B. It shall be unlawful for juveniles thirteen to sixteen (13-16) years of age to be in any public place within the Borough of Carteret between the hours of 11:00 P.M.on Sunday, Monday, Tuesday, Wednesday and Thursday and 6:00 A.M. on the day next following and 12:00 Midnight on Friday and Saturday and to 6:00 A.M. on the day next following. C. The prohibition of Section 2 (A) does not apply if said juvenile is: 1. Accompanied by his/her Parent or Guardian. 2. When minor is accompanied by an adult authorized by the Parent for a designated time and for a specific purpose. 3. When exercising First Amendment (Constitutional) rights protected by the United States Constitution, such as the free exercise of religion, speech and assembly, which includes but is not limited to school, church and social activities. Minors must have written communications, signed by a Parent and minor specifying when, where and in what manner minor will be on the streets during curfew hours, and stating home address and telephone number. 4. When minor is within fifty (50) feet of their residence. 5. When minor has a work permit, and is enroute to or from employment. 6. When attending a school or Borough sponsored sporting event within the Borough of Carteret, minor has one (1) hour after completion of the event. SECTION 3: Responsibilities of the Parent or Guardian. A. A Parent or legal Guardian shall not permit, or by ineffective control allow a minor to violate the curfew ordinance. SECTION 4: Enforcement Procedures A. Any juvenile found by a police officer to be in violation of Section 2A or 2B this ordinance shall be taken into police custody and released thereafter to his or her Parent or Guardian. The Parent or Guardian, as defined in Section 1, shall immediately be notified and required to report to police headquarters to procure the juvenile. NO. 98-8 PAGE. 3 B. 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. C. When a Parent or Guardian is immediately called and has come to take charge of the juvenile, information shall be sought from 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 thus making available personnel and access to information and records. D. If a Parent or 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 an 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. E. A formal warning shall be issued to a first offender and served upon the Parent or Guardian in person or by certified mail, thereafter, a Non-Indictable Summons shall be issued to a second offender and served upon the Parent or Guardian in person or by certified mail. F. Police Procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a Parent or Guardian thereof a juvenile under appropriate circumstances. G. A police officer discharging an enforcement obligation under this ordinance shall file the applicable reports. It is not the intention of this section to . require extensive reports that will prevent police officers from performing their primary police duties. The reports shall be simple as is reasonably possible. lt. If the juvenile has been convicted 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. SECTION 5: Penalties A. After receipt of a warning notice pursuant to Section 4 (E) of a first violation by a juvenile, if the juvenile is found guilty of a second curfew violation be deemed to be in violation of this ordinance and subject to the penalties set forth in Section 5C, the Parent or Guardian of the juvenile shall also be subject to prosecution under this Section. B. Any juvenile who violates any of the provisions of this ordinance more than four (4) times shall be reported by the Chief of Police or his designee to the juvenile authorities as a juvenile in need of supervision and may proceed to file such charges with the Superior Court of New Jersey, Family Part, as deemed appropriate. NO. 98-8 PAGE C. The following penalties may be imposed: First offense Written warning Second offense Fine up to $200.00 Third offense Fine no less than $100.00, but no more than $500.00 Fourth offense Fine no less than $100.00 SECTION 6: Notice Notice of the existence of this Ordinance and of the Curfew Regulations established by it shall be posted in, or about such public or quasi-public places as may be determined by the Chief of Police in order that the public may be constantly informed of the existence of this Ordinance and its regulations. SECTION 7: Repealer Any or all ordinances inconsistent with this Ordinance are hereby repealed to the extent of such consistencies only. SECTION 8: Severability If any provisions of this Ordinance is held unconstitutional or otherwise found invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be invalidated. This Ordinance shall take effect thirty (30) days following the approval of the Mayor and Council providing it is published in accordance with law. Resolution # Ordinance # Adopted th~s day of 19 and certified as a true copy of an original on KATHLEEN M. BARNEY, Borough Clerk DO Nor USE SPACE BELOW Tills LINE RECORD OF COUNCIL VOTE II X Indicate Vote AB - Ahsent NV - Not Voting XOR - Indicates Vole lo Overrule g¢{o Adopted on first reading of tile Council of the Bi)rough of Carlerel, N.J., on February 1_9, 1998 M~ch 5, 1998 Adopted on second reading a fief hearing on _ APPROVED BY / MUNICIPAL CLERK