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HomeMy Public PortalAbout98:22Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE AMENDING, REVISING AND SUPPLEMENTING CHAPTER 168 OF THE CODE OF THE BOROUGH OF CARTERET ENTITLED "PEACE AND GOOD ORDER", SECTION 168-2 LOITERING. BE IT ORDAINED by the Borough Council of the Borough of Carteret, that the Borough Code of the Borough of Carteret is hereby amended, revised and supplemented to include the following: SECTION 1: Definitions For the purpose of this chapter, the following terms shall be defined to mean: ADULT: includes natural or adoptive Parents. GUARDIAN: means a person, other than the Parent, to whom legal custody of the juvenile has been given by the court or who is acting in the place of the Parent or is responsible for the care and welfare of the juvenile. JUVENILE/MiNOR' shall be interchangeable and shall mean any individual who is sixteen (16) years of age or less. 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 Parent 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 for such minor. LOITERING: remaining idle in essentially one (1) location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around", PUBLIC PLACE: means any place to which the public has access, including but not limited to the 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. SECTION 2: Loitering A. Certain types of loitering prohibited. No person shall loiter in a public place in such manner as to: (1) Create or cause to be created a danger of a breach of the peace. (2) Create or cause to be created any disturbance or annoyance to the comtbrt and repose of any person. (3) Obstruct the free passage of pedestrians or vehicles. PAGE-- 2 98-~2~ NO._ (4) Obstruct, molest or interfere with any person lawfully in any Public Place as defined in Subsection I above. This Subsection shall include the making of unsolicited remarks of an offensive, distinguishing or insulting nature or which are calculated to annoy or disturb the person to or whose hearing they are made. B. Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgement, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection A he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave ~,. ~ that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter. 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 this loitering. SECTION 4: Enforcement Procedures A. Any juvenile found by a police officer to be in violation of Section 2A or 2B of this Ordinance shall be taken into police custody and released thereafter to his or her Parent or Guardian. The Parent and Guardian, as defined in Section 1, shall immediately be notified and required to report to police headquarters to procure the juvenile. 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 making. 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 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. E. 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. PAGE _ 3 NO 98-22 F. 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 ~ presumption that the Parent or Guardian having care of the juvenile knew or should have the juvenile's violation of his 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 loitering violations he shall be deemed to be in violation of this Ordinance and subject the penalties set forth in Section 5(C), the Parents and Guardian of the juvenile shall also be subject to prosecution under this Ordinance under such circumstances. B. All persons who violate this Loitering Ordinance, including juveniles and Parents and Guardians of juveniles pursuant to Section 5(A), shall be subject to penalties as set forth in Section 1-17 of the Code of the Borough of Carteret. .SECTION 6: Repealer Any or all ordinances inconsistent with this Ordinance are hereby repealed to the extent of such consistencies only. SECTION 7: 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 the law. DO NOI' USE SPACE BELOW Tills LINE -- RECORD OF COUNCIL VOTE COUNCIL~~ cOUNC~ X - Indicate Vole AB - Abscn~ NV - Not Voting Adopted on first ~eading of the Council of Ihe Borough of Caneret, N.J., on _. ~Y 7~ 1~ ~ Adopled on second reading after hearing on _ APPROVED u ~ M~R .