The following terms used in this chapter are defined as follows:
GUARDIAN
A person, other than a 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.
JUVENILE
An individual who is under the age of 18 years.
PUBLIC PLACE
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.
[Amended 2-5-1997 by Ord.
No. 1997-5]
It shall be unlawful for any juvenile to be on or remain on or upon
any public place within the Township of Florence between the following hours:
A. Beginning at 11:00 p.m. on Friday and Saturday nights,
and official holidays, Christmas Eve and New Year's Eve nights, and extending
until 5:00 a.m. on the following day.
B. Beginning at 10:00 p.m. on all other nights and extending
until 5:00 a.m. the following day, except as otherwise provided below.
C. Beginning at 9:00 p.m. and extending until 5:00 a.m.
on all nights during the period of October 27 through November 2 of each calendar
year.
A juvenile on the street during the hours referred to in §
66-3 shall not be considered in violation of this chapter under the following circumstances:
A. When accompanied by a parent or guardian of such juvenile.
B. When accompanied by an adult authorized by a parent of
such juvenile to take said parent's place in accompanying said minor for a
designated period of time and purpose within a specified area.
C. When exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of religion, freedom
of speech and the right of such exercise, provided that the juvenile has in
his possession a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and telephone
number, specifying when, where and in what manner the juvenile will be on
the streets at night during hours when the Curfew Ordinance is otherwise applicable
to said juvenile in the exercise of a First Amendment right specified in such
communication.
D. In case of reasonable necessity for the juvenile remaining
on the streets, providing that the juvenile has in his possession a written
communication, signed by the juvenile and countersigned by a parent or guardian
of the juvenile with their home address and telephone number setting forth
the facts establishing the reasonable necessity relating to specified streets
at a designated time for a described purpose including points of origin and
destination.
E. When the juvenile is on the sidewalk or property where
the juvenile resides or on either side of or across the street from the place
where the juvenile resides and the adult owner or resident of that property
has given permission for the juvenile to be there.
F. When returning home from and within one hour after the
termination of a school or township sponsored activity, or an activity of
a religious or other voluntary association, providing that the juvenile has
in his possession a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and telephone
number indicating the place and probable time of termination of the activity.
G. When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. It is the intention of this provision
to clearly exempt bona fide interstate movements along major routes through
the Township of Florence and interstate travel beginning or ending in the
Township of Florence.
H. When engaged in or traveling to or from a place of employment.
I. When engaged in an errand involving a medical emergency.
It shall be unlawful for a parent or guardian having legal custody of
a juvenile knowingly to permit or by inefficient control to allow the juvenile
to be or remain in any public place under circumstances not constituting an
exception to or otherwise beyond the scope of this chapter. The term "knowingly"
includes knowledge which a parent should reasonably be expected to have concerning
the whereabouts of a juvenile in that parent's legal custody. It is intended
to hold parents and guardians to a reasonable community standard of parental
responsibility through an objective test. It shall, therefore, be no defense
that a parent was inattentive or indifferent to the activities or conduct
or whereabouts of such juvenile.
If, after the parent or guardian receives the notice pursuant to §
66-6E, the juvenile violates this chapter a second time, this shall be treated as a first offense by the parent. Upon a finding of parental culpability for the first parental offense, a parent shall be subject to a fine not exceeding $250. For each subsequent offense by a parent, the parent shall be subject to a fine not exceeding $1,000 or shall be required to perform community service, or both.
This chapter shall be liberally construed to effectuate the purpose
and intent of P.L. 1993, c.132.
Notice of the existence of this chapter 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 or his designate in order
that the public may be informed of the existence of this chapter and its regulations.