This is a curfew ordinance prescribing, in accordance
with prevailing community standards, regulations for the conduct of
minors on streets at night, for the protection of younger children
in the Township of Warwick from each other and from other persons
on the streets during nighttime hours, for the enforcement of parental
control and responsibility for their children, for the protection
of the public from nocturnal mischief by minors and for the reduction
of the incident of juvenile criminal activity, all for the good of
minors, for the furtherance of family responsibility and for the public
good, safety and welfare.
It shall be unlawful for any minor to be or
remain in or upon any public highway, park or other public place within
the Township of Warwick, or in any enclosure or vehicle which is on
or in close proximity to any such public place within the Township,
between the hours of 12:00 midnight and 5:00 a.m. on the following
day. Exceptions to the above are the following:
A. Minor accompanied by parent, guardian or other person
having legal care or custody of such minor.
B. Minor possessing a written statement dated that day
and signed by parent, guardian or other person having the legal care
or custody of such minor, which statement specifies the time, place,
purpose and necessity of the minor being in a public place contrary
to this chapter.
C. Minor lawfully employed making it necessary to be
on or in highways, streets, parks, etc., as stated above and possessing
a current letter certifying the same and signed by employer, parent
or guardian.
D. Minor on an emergency errand.
E. Minor traveling to and from church, school or municipal activity with parental permission statement as in Subsection
B, above.
It is hereby made unlawful for any parent, guardian
or the person having the legal care or custody of a minor to allow
or permit such minor to violate any of the provision of this chapter
without legal justification therefor.
[Amended 9-19-2012 by Ord. No. 256]
Any minor found upon the streets, alleys, parks or public places within the Township of Warwick in violation of §
127-2 shall be taken into custody by the police or legally deputized individual, be delivered to his parent(s), guardian or person having the legal custody of said minor, and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow him/her to be on the streets, alleys, parks or public places in violation of §
127-2, said parent, guardian or person having the legal custody of said minor so offending shall, upon the second offense, be called along with offender and be so advised once again as to the penalty provisions contained in this chapter. Upon the third violation, said parent, guardian or person will be cited for the violation.
Any minor who shall violate this chapter more than three times may, at the discretion of the proper Township officials, be reported to a society or organization the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of §
127-2 of this chapter cannot be made effective by the imposition of fines and penalties.
[Amended 9-19-2012 by Ord. No. 256]
The police officers, in taking minors into custody,
shall use their discretion in determining age and in doubtful cases
may require positive proof of age. Until such proof is furnished,
the officer's judgment shall prevail.
For each violation of the provisions of this
chapter, any person who commits, takes part in or assists in any such
violation shall be liable upon conviction thereof in a summary proceeding
to pay a fine of not less than $200 nor more than $1,000 for each
offense, together with the costs of prosecution. Each day or portion
thereof in which a violation exists shall be considered a separate
violation of this chapter, and each section of this chapter which
is violated shall be considered a separate violation. In default of
payment of such fine, such person shall be liable to imprisonment
for a period not exceeding 30 days.