[HISTORY: Adopted by the Mayor and Council of the Town of Clinton
3-25-1980 by Ord. No. 80-2. Amendments noted where applicable.]
A.
Whenever the Council, upon recommendation of the Chief
of Police, shall determine after due investigation and deliberation that the
incidence of juvenile delinquency within the town has or is about to reach
such a level of frequency or severity as to present a clear and present danger
to the public peace, safety, health, morals or welfare in the town, Council
may by resolution declare that a temporary emergency exists in the town.
B.
Upon the declaration of such a temporary emergency, the Mayor or other acting executive officer of the town shall proclaim a curfew in the town for a period of not more than 90 days and for such hours and under such conditions as prescribed by the Council, invoking all restrictions, provisions and penalties of this chapter for such period unless sooner repealed as provided in Subsection D hereof.
C.
The curfew shall be continued and extended by the Mayor for such additional periods, hours and conditions as prescribed by the Council, for not more than 90 days each, if and only if a majority of the Council, upon further investigation and deliberation of police before each such additional authorized period and upon recommendation of the Chief, finds that a temporary emergency as referred to in Subsection A continues to exist in the town.
D.
At any time during the period a curfew has been proclaimed,
continued or renewed under this chapter, the Council may review the situation
with regard to the declared temporary emergency in the town and may by majority
declare that a temporary emergency no longer exists in the town, and upon
such determination the Mayor or other acting executive officer shall immediately
rescind and revoke the curfew.
A.
Whenever a curfew is proclaimed within the town pursuant to this chapter, it shall be unlawful thereafter for any minor under the age of 18 years to loiter, idle, wander, stroll, play, roam or remain upon the public streets, highways, roads, playgrounds, public buildings, places of amusement or entertainment or places of business conducted for profit to which the public is invited and all public or quasi-public places, either on foot or in any vehicle within the town, during the times designated by the Council and proclaimed by the Mayor pursuant to § 60-1.
B.
The provisions of this section shall not apply to a minor:
(1)
When the minor is accompanied by his or her parent, guardian
or other adult person having the care and custody of the minor.
(2)
Where the minor is upon an emergency errand or legitimate
business directed by his or her parent, guardian or other adult person having
the care and custody of the minor.
(3)
When the minor is gainfully employed at the time.
(4)
When the minor is an attendant as a bona fide student
at an evening school of instruction.
(5)
When the minor is in attendance at a function sponsored
by a religious or educational organization, association or society.
(6)
When the minor is in attendance at a supervised civic
or private recreational function.
(7)
When the minor shall, as a result of the above exceptions,
be traveling on or upon any of the public streets, roads, highways or public
places in the town after the prescribed hour while returning to his or her
residence immediately and directly from such activity.
Whenever a curfew shall be proclaimed within the town pursuant to this chapter, it shall be unlawful for any parent, guardian or other adult person having custody, care or control of a minor child under the age of 18 years to permit such minor to loiter, idle, wander, stroll, play, roam or remain in any of the places described in § 60-2 in violation of this chapter and curfew regulations issued hereunder.
If any minor under the age of 18 years should be apprehended for violating
the provisions of this chapter, the Police Department of the town shall notify
the parents, guardian or other person having the care, custody or control
of such minor of such arrest.
Any minor under the age of 18 years who violates this chapter shall
be treated as a juvenile offender in accordance with the laws of the State
of New Jersey.
For the purpose of this chapter, the term "public or quasi-public place"
shall be deemed to include but shall not be limited to town parks, recreational
areas, schools and ball parks and the quasi-public area in front of, adjacent
to or in the neighborhood of any store, shop, restaurant, luncheonette, gasoline
station or other place of business and shall include any grounds or other
private property not owned by or under the dominion of any person charged
with a violation of this chapter.
Any parent, guardian or other adult person having custody, care or control
of a minor child under the age of 18 years who violates any of the provisions
of this chapter shall, upon conviction, be punished by a fine not to exceed
$500 or by imprisonment for a term not to exceed 90 days, or both.
Notice of the existence of this chapter and of the curfew regulations
established by it and of any curfew periods proclaimed thereunder shall be
posted in, on or about such public or quasi-public places as may be designated
by the Council in order that the public may be constantly informed of the
existence of this chapter, its regulations and curfew regulations issued hereunder.
