[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This ordinance also repealed former Ch. 56, Curfew, adopted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.
[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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
An individual who is under the age of 18 years.
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.
[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.
Subject to § 56-4, juveniles shall be exempt from the curfew restriction if the juvenile is involved in the following activities:
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.
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.
This chapter shall be liberally construed to
effectuate the purpose and intent of N.J.S.A. 40:48-2.52.
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.
This chapter shall take effect immediately upon
passage and publication as required by law.
