[HISTORY: Adopted by the Mayor and Council of the Township of Florence
9-6-1995 by Ord. No. 1995-21. Amendments noted where applicable.]
A.
The Township Council of the Township of Florence hereby
finds that there has been a significant breakdown in the supervision normally
provided by certain parents and guidance for juveniles under 18 years of age
resulting in juveniles being involved in a wide range of unacceptable behavior,
including vandalism, noisy and rowdy behavior, breaking and entering, public
drinking and littering and harassment of residents.
B.
The Township Council further finds that the offensive
activities of the juveniles are not easily controlled by existing laws and
ordinances because the activities are easily concealed whenever police officers
are present and that the establishment of reasonable curfew regulations will
enable the community to better control the free and unobstructed access to
the streets and public places by the majority of residents and will enable
the police to act reasonably and fairly to prevent the violation of laws and
ordinances by juveniles.
C.
The Township Council further finds and has determined
that a curfew meets a very real local need and that curfew ordinances in other
communities have been a significant factor in minimizing juvenile delinquency.
A curfew in Florence is particularly appropriate in view of the basic residential
nature of the community in the sense of the community that there is a proper
time for the cessation of outdoor activities of juveniles. That sense of community
is reflected by the curfew hours declared by this chapter which take into
consideration also the danger hours for nocturnal crime and for accumulations
of juveniles with potential risk incident to immaturity.
D.
In enacting this chapter, the Township Council adopts the findings of the legislature expressed in P.L. 1992, Chapter 132[1] and has taken note of the peculiar vulnerability of children,
both as victims of crime and as perpetrators of offenses because of peer pressure.
This chapter is intended not only to prevent children from causing harm but
also is intended to protect children themselves from being harmed as victims
of nocturnal crime.
[1]
Editor's Note: See N.J.S.A. 40:48-2.52.
E.
Florence is basically a family community. Parental responsibility
for the whereabouts of children is the accepted norm by a substantial majority
of the community. Legal sanctions to enforce such responsibility have had
a demonstrated effectiveness in many communities over the years. The Township
Council has determined that as parental control increases there is a likelihood
that juvenile delinquency decreases and that there is a need for a nocturnal
curfew for juveniles in Florence and that the establishment of a curfew applicable
to juveniles will reinforce the primary authority and responsibility of parents
and guardians over juveniles in their care and custody.
F.
It is not the intent of this chapter to supplant parental
supervision. The Township Council recognizes the right of parents to direct
their children's upbringing and family autonomy against unreasonable interference.
The Township Council is also aware that in cases in which harm to the physical
or mental health of a child or to the public safety, peace, order or welfare
is threatened, the legitimate interests of the community as a whole may override
the parents qualified right to control the upbringing of their children.
G.
The Township Council also recognizes that juveniles are
protected with certain constitutional rights and guaranties that are enjoyed
by all citizens of this community. It is not the intention of this chapter
to deprive juveniles of the ability to exercise valid rights secured to them
under the Constitution of the United States or the State of New Jersey. The
function of this chapter is, instead, to protect juveniles and to balance
the right of all citizens of the Township of Florence so that all may enjoy
the rights and privileges of citizens as guarantied to them by the Constitution
and the laws of this country and this state.
The following terms used in this chapter are defined as follows:
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.
An individual who is under the age of 18 years.
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.
A.
If a police officer reasonably believes that a juvenile
is in a public place in violation of this chapter, the officer shall so advise
the juvenile and take the juvenile into custody. The juvenile shall then provide
his or her name, age, address and telephone number and advise the officer
where and how to contact his or her parent or guardian. The juvenile shall
then be taken to the police station where a parent or guardian shall immediately
be notified to come and take custody of the juvenile.
B.
If the parent or guardian cannot be located or fails
to take custody of the juvenile, then the juvenile shall be released to the
juvenile authorities or, in appropriate cases, may be temporarily entrusted
to an adult neighbor or other person who will, on behalf of a parent or guardian,
assume responsibility for the juvenile.
C.
In the absence of documentary evidence, a police officer
may use his or her best judgment in determining age.
D.
Within 24 hours of the violation, the police officer
who took the juvenile into custody shall file a written report, in a form
to be prescribed by the Chief of Police, with the office of the Chief.
E.
In the case of a first violation, the Chief of Police
or his designee shall, by certified mail, send to the parent or guardian,
written notice of the violation. The notice shall advise the parent or guardian
of his or her right to contest the charge in Municipal Court and that the
failure to contest the charge will be deemed an admission by the parent or
guardian that the violation occurred. The notice will further advise the parent
or guardian that there are no penalties for first offenses but that a subsequent
violation by the juvenile will result in the imposition of monetary penalties
upon the parent or guardian. This notice shall be deemed received upon mailing.
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.[1]
[1]
Editor's Note: See N.J.S.A. 2C:44-3.
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.