[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Gibbsboro 9-26-2001 by Ord. No. 2001-6. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The parent of the juvenile, 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.
- 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.
No child under the age of 18 years shall be on the streets, alleys, parks or other public places or in any theater or other public place of amusement or recreation within the Borough of Gibbsboro after the hour 10:00 p.m. to 6:00 a.m. Sunday through Thursday, and 11:00 p.m. until 6:00 a.m. on Friday and Saturday, unless accompanied by his parent, guardian or other adult person having the care, custody or control of the minor. This subsection shall not apply to school grounds or buildings under the control of the Gibbsboro Board of Education, which shall be covered in Subsection B.
Special hours for school grounds and buildings. No one, including adults, shall be permitted to enter or remain upon any school grounds or buildings under the control of the Gibbsboro Board of Education within the Borough of Gibbsboro without permission of said Board or authorized representative from 6:00 p.m. to 6:00 a.m. These curfew hours shall be in effect each day of the week, including Friday and Saturday. In furtherance of this subsection, the Gibbsboro Board of Education shall post and maintain a notice against such trespass in a manner prescribed by law or as reasonably likely to come to the attention of intruders.
It shall be unlawful for a juvenile of any age under 18 years within the discretion of the municipality to be in any public place during the hours when the juvenile is required to be in attendance at either a public or nonpublic school unless the juvenile is accompanied by a parent or guardian or is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place.
No parent, guardian or other person having the care, custody or control of a child shall permit the child to loiter upon or be in any street, alley, park, school grounds or buildings or other public place, contrary to the provisions of § 139-2.
If any minor under the age of 18 years should be apprehended for violating the provisions of this chapter, a police officer of the Borough shall notify the parents, guardian or other person having the care, custody or control of the minor of his detention and may, if deemed advisable, make such further inquiry or take such action concerning the presence of the minor in or upon the public or quasi-public places as may seem advisable.
The provisions of this chapter shall not be applicable to any minor under the age of 18 years during the time necessarily required for such minor to travel to his residence from:
A place of employment at which the minor may be gainfully employed.
A school or place of instruction at which the minor may be in bona fide attendance.
A place at which a function may be held that shall be or had been sponsored by a religious, school, civic or other properly supervised event or program.
A place at which a bona fide, supervised, social meeting, gathering or assemblage had taken place.
Should an emergency arise necessitating a minor child under the age of 18 years to be dispatched upon an errand requiring his presence in or upon a street or automobile or in any public or quasi-public place during the curfew hours, he shall have in his possession a note signed by the parent, guardian or other person having custody, care or control of such minor child, stating the nature of the errand, the necessity therefor and place to which he is to go, the time the note was issued and the time required for the errand. The abuse of the provisions of this section shall constitute a violation of the provisions of this chapter.
If it is established that any minor under the age of 18 years has violated the provisions of this chapter, then it shall be presumed, in the absence of proof to the contrary, that the parent or other adult person having the care, control or custody of the minor knowingly permitted him to do so.
Any violations of this chapter shall be prosecuted in the Gibbsboro Municipal Court. Upon finding of guilt, the municipal court shall impose a sentence as provided in Chapter 1, Article I, General Penalty. If both a juvenile and that juvenile's guardian violate this chapter, they shall be required to perform community service together.