[HISTORY: Adopted by the Township Council
of the Township of Mount Holly 1-31-1983 by Ord. No. 1982-17. Amendments noted where applicable.]
[Amended 4-26-1993 by Ord. No. 1993-10; 9-27-2010 by Ord. No. 2010-15]
It shall be unlawful for any juvenile, as defined in § 102-5 below, to be present upon any public street, highway, road, right-of-way, alley, park, playground or other public place in the Township between the hours of 9:00 p.m. and 6:00 a.m. on nights before a school day or between the hours of 10:00 p.m. and 6:00 a.m. on other nights. On October 30 and 31 of each year, the restricted hours for juveniles shall be from 9:00 p.m. to 6:00 a.m., regardless of whether those dates are nights before a school day.
The provisions of § 102-1 shall not apply to:
A.
A minor accompanied by his or her parent, guardian
or other adult person having the care and custody of such minor.
B.
Where the minor is in pursuit of a bona fide medical,
police, or fire emergency, or errand directed or supervised by such
parent or guardian or other adult person.
[Amended 12-28-1998 by Ord. No. 1998-18]
C.
Where the minor is engaged in lawful employment making
it necessary to be in such a place during the prescribed hours.
D.
The minor is going directly to or returning directly
from a bona fide activity sponsored by the Township, the Board of
Education, a community-based organization which shall include attendance
at religious, cultural, and educational activities and events.
[Amended 12-28-1998 by Ord. No. 1998-18]
E.
The minor is on a direct route to or from some other
legitimate evening activity with the written consent of his or her
parent or guardian in his or her possession and is not loitering or
wandering aimlessly on the streets or other public places in the Township.
Every member of the Police Department, while on duty, is hereby authorized to detain any such minor violating the provisions of § 102-1 of this chapter until the parent or guardian of such child shall take him or her into custody. Such police officer shall immediately upon taking custody of such child contact the child's parent or guardian. In the event the police officer is unable to contact the child's parent or guardian, (s)he shall contact the New Jersey Division of Youth and Family Services and turn over custody of the child to the Division of Youth and Family Services.
B.
For the purposes of enforcing Subsection A herein, if a child is detained for a second violation of this chapter within 60 days of the date of his or her first violation, it shall be presumed, subject to rebuttal by competent evidence, that such second violation is with the knowledge, consent and permission of such child's parent or guardian.
C.
Any person violating the provisions of this chapter
shall be required to perform community service and may be subject
to a fine of up to $1,000. If both a juvenile and the juvenile's parent
or guardian violate any such provision of this chapter, they shall
be required to perform community service together.
[Amended 4-26-1993 by Ord. No. 1993-10]
[Added 12-28-1998 by Ord. No. 1998-18]
As used in this chapter:
A person, other than a parent, to whom legal custody of the
minor has been given by court order or who is acting in place of the
parent or is responsible for the welfare of the minor.
An individual who is under the age of 18.
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
public building or area.
