HomeMy Public PortalAbout98:08 'No. 98-0 l~f
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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