Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk 3-6-1997.[1] Amendments noted where applicable.]
[1]
This ordinance also repealed former Ch. 56, Curfew, adopted 3-6-1975, as amended.

§ 56-1 Findings.

[Amended 4-1-2010 by Ord. No. O-2010-23]
The Township Committee of the Township of Elk concurs with and adopts the findings of the legislature of the State of New Jersey as set forth in P.L. 1992, c. 132.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.52.

§ 56-2 Repealer.

Chapter 56 in its present form is repealed in its entirety and a new Chapter 56 is established as provided hereafter.

§ 56-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
GUARDIAN
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.
JUVENILE
An individual who is under the age of 18 years.
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.

§ 56-4 Curfew hours established.

[Amended 4-1-2010 by Ord. No. O-2010-23]
A. 
It shall be unlawful for a juvenile of the age of 17 years or younger to be on any public street or in a public place between the hours of 10:00 p.m. and 6:00 a.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday, and between the hours of 11:00 p.m. and 6:00 a.m. on Friday and Saturday, unless accompanied by the juvenile's parent or guardian, or unless engaged in, or traveling to and from a business or occupation which the laws of this state authorize a juvenile to perform, except as may be permitted by § 56-5 herein.
B. 
It shall be unlawful for a juvenile of the age of 17 years or younger to be in any public place during the hours when the juvenile is required to be in attendance at either 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 that public place.

§ 56-5 Exceptions.

Subject to § 56-4, juveniles shall be exempt from the curfew restriction if the juvenile is involved in the following activities:
A. 
Errands involving medical emergencies.
B. 
Attendance at, including travel to and from, extracurricular school activities, or activities sponsored by religious or community-based organizations, or other cultural, educational and social events.

§ 56-6 Notice of violation; subsequent violation.

A. 
Upon charging a juvenile with violation of this chapter, notice of the same shall be given, in writing, by the Police Department to the juvenile's parent or guardian.
B. 
If at any time within 30 days following the giving of notice as provided herein, the minor to whom such notice related or applied is again charged, and upon such charge is subsequently convicted of a violation of the curfew provisions of this chapter, it shall be rebuttably presumed that the juvenile committed such subsequent violation with the knowledge, allowance, permission or sufferance of the parent or guardian of such juvenile, and the parent or guardian shall thereupon be charged with a violation of this chapter.

§ 56-7 Violations and penalties.

Any person found in violation of this chapter shall be required to perform community service and may be subject to a fine not exceeding $1,000. If both a juvenile and the juvenile's parent or guardian violate such an chapter, they shall be required to perform community service together.

§ 56-8 Construal of provisions.

This chapter shall be liberally construed to effectuate the purpose and intent of N.J.S.A. 40:48-2.52.

§ 56-9 Severability.

If any provision or clause within this chapter is judged invalid by a court of competent jurisdiction, such decision shall have no effect upon the remaining provisions or clauses of this chapter.

§ 56-10 When effective.

This chapter shall take effect immediately upon passage and publication as required by law.