[HISTORY: Adopted by the City Council of
the City of Vineland 6-12-1990 by Ord. No. 90-53 (Ch.
216 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 511.
This chapter shall be known and may be cited
as the "Curfew Ordinance of the City of Vineland."
A.
When not inconsistent with the context, words used
in the present tense include the future; words in the plural number
include the singular; and words in the singular number include the
plural. The word "shall" is always mandatory and not merely directory.
B.
CITY
MINOR
PARENT
STREET
TIME OF NIGHT
YEAR OF AGE
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The City of Vineland, Cumberland County, New Jersey with
its principal office located at 640 E. Wood Street, Vineland, New
Jersey.
Any person under the age of 18 or, in equivalent phrasing
often herein employed, any person 17 or less years of age.
Any person having legal custody of a minor:
A way or place, of whatever nature, open to the use of the
public as matter of right for purposes of vehicular travel or, in
the case of a sidewalk thereof, for pedestrian travel. The term "street"
includes the legal right-of-way, including but not limited to the
cartway or traffic lanes, the curbs, the sidewalks, whether paved
or unpaved, and any grass plots or grounds found within the legal
right-of-way of a street. The term "street" applies irrespective of
what it is called or formally named, whether alley, avenue, court,
road or otherwise. The term "street" also includes shopping areas,
parking lots, public buildings and similar areas that are open to
the use of the public.
Referred to herein, is based upon the prevailing standard
of time, whether Eastern standard time or Eastern daylight saving
time, generally observed at that hour by the public in the City; prima
facie the time then observed in the police station.
Continues from one birthday, such as the 17th, to but not
including the day of the next, such as the 18th birthday, making it
clear that 17 or less years of age is herein treated as equivalent
to the phrase "under 18 years of age." Similarly, for example, "13
or less years of age" means under 14 years of age.
It shall be unlawful for any persons 17 or less
years of age (under 18) to be or remain in or upon the streets within
the City of Vineland at night during the period ending 5:00 a.m. and
beginning:
In the following exceptional cases, a minor on a City street during the nocturnal hours for which § 307-3 is intended to provide the maximum limits of regulation, and a clear general guide for minors, their parents and fellow citizens, shall not, however, be considered in violation of the Curfew Ordinance:
A.
When accompanied by a parent of such minor.
B.
When accompanied by an adult authorized by a parent
of such minor to take said parent's place in accompanying said minor
for a designated period of time and purpose within a specified area.
C.
When exercising First Amendment rights protected by
the United States Constitution, such as the free exercise of religion,
freedom of speech and the right of assembly, such minor shall evidence
the bona fides of such exercise by having in his possession a written
communication, signed by such minor and countersigned by, if practicable,
a parent of such minor, with their home address and telephone number,
specifying when, where and in what manner said minor will be on the
streets at night (during hours when the Curfew Ordinance is otherwise
applicable to said minor) in the exercise of a First Amendment right
specified in such communication.
D.
When the minor is not more than 50 feet from the minor's
place of residence.
E.
When the minor carries a certified card of employment
or worker's permit, pursuant to state law.
F.
When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. This clearly exempts bona
fide interstate movement through the City of Vineland. This also exempts
interstate travel beginning in or ending in the City of Vineland.
G.
When engaging in errands involving medical emergencies
and attending extracurricular school activities, activities sponsored
by religious or community-based organizations and other cultural,
educational and organized social events.
[Added 6-13-1995 by Ord. No. 95-36]
It shall be unlawful for a parent having legal
custody of a minor knowingly to permit or by inefficient control to
allow such minor to be or remain on any City street under circumstances
not constituting an exception to or otherwise beyond the scope of
the Curfew Ordinance. The term "knowingly" includes knowledge which
a parent should reasonably be expected to have concerning the whereabouts
of a minor in that parent's legal custody. It is intended to continue
to keep neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It
shall, a fortiori, be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such minor.
If a police officer reasonably believes that
a juvenile is on the streets in violation of the Curfew Ordinance,
the officer shall notify the juvenile that he or she is in violation
of this chapter and shall require the juvenile to provide his or her
name, address and telephone number and how to contact his or her parent
or guardian. In determining the age of the juvenile and in the absence
of convincing evidence, such as a birth certificate or driver's license,
a police officer on the street shall use his or her best judgment
in determining age. If the officer determines a person is in violation
of this chapter, he or she shall take the juvenile to the police station,
where a parent or a guardian shall be notified to come for the juvenile,
whereupon he or she shall be questioned. This is intended to permit
ascertainment, under constitutional safeguards, of relevant facts
and to centralize responsibility in the person designated there and
then on duty for accurate, effective, fair, impartial and uniform
enforcement and recording, thus making available experienced personnel
and access to information and records.
A.
Police procedures shall constantly be refined in the
light of experience and may provide that the police officer may deliver
to a parent or guardian thereof a juvenile of tender age near home
whose identity and address may readily be ascertained or are known.
B.
A police officer discharging an enforcement obligation
under this chapter shall file a written report with the Chief of Police
or shall participate to the extent of the information for which he
is responsible in the preparation of a report on the curfew violation.
It is not the intention of this section to require extensive reports,
but they should have a reasonable amount of information for gathering
of information.
C.
When a parent or guardian, immediately called, has
come to take charge of the juvenile, and the appropriate information
has been recorded, the juvenile shall be released to the custody of
such parent. If the parent cannot be located or fails to take charge
of the juvenile, then the juvenile shall be released to the juvenile
authorities, except to the extent that, in accordance with police
regulations approved in advance by juvenile authorities, the juvenile
may be entrusted to an adult relative, neighbor or other person who
will, on behalf of a parent or guardian, assume the responsibility
of caring for the juvenile pending the availability or arrival of
a parent or guardian.
D.
In the case of the first violation of a juvenile,
the Chief of Police shall, by certified mail, send to the parents
or guardians of the minor written notice of the violation with a warning
that any subsequent violation will result in full enforcement of the
Curfew Ordinance, including enforcement of parental responsibility
and of applicable penalties.
A.
If, after receipt of a warning notice pursuant to § 307-6 of a first violation of a juvenile, a second curfew violation is adjudicated against the same minor, the parents or guardians of the minor shall be subject to prosecution under § 307-5. For the first parental offense a parent shall be subject to a mandatory fine of not less than $25, and for each subsequent offense by a parent the minimum fine shall be increased by an additional $25, e.g., $50 for the second offense, $75 for the third offense, and the juvenile will be required to perform community service work in addition thereto. The Judge of the Municipal Court of the City of Vineland, upon a finding of guilty, may sentence the parent to pay this fine and costs of prosecution.
B.
Any juvenile who shall violate any of the provisions
of the Curfew Ordinance more than three times shall be reported by
the Chief of Police to the juvenile authorities as a juvenile in need
of supervision, and the Chief of Police may proceed to file such charges
with the Superior Court of New Jersey, Family Part, Cumberland County,
as he may deem appropriate.
Notice of the existence of this chapter and
of the curfew regulations established by it shall be posted in, on
or about such public or quasi-public places as may be determined by
the Chief of Police in order that the public may be constantly informed
of the existence of this chapter and its regulations.
