[HISTORY: Adopted by the Mayor and Council of the Borough of Raritan 8-1-1938; amended in its entirety 6-14-1994 (Ch. 21 of the 1966 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 248.
This chapter shall be known and may be cited as the "Curfew Ordinance of the Borough of Raritan."
A. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
BOROUGH
The Borough of Raritan, Somerset County, a municipal corporation in the State of New Jersey, whose principal office is located at 22 First Street, Raritan, New Jersey 08869.
KNOWINGLY
Includes knowledge of information 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 include and require neglectful or careless parents to maintain a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was indifferent to the activities or conduct or whereabouts of such minor.
MINOR or JUVENILE
Any other person under the age of 17 or equivalent phrasing often herein employed, any person less than 17 years of age or any person who has not celebrated his or her 17th birthday.
PARENT
Any persons having legal custody of a minor as a natural or adoptive parent; as a legal guardian; as a person who stands in loco parentis; or as a person to whom legal custody has been given by court order.
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, store, cafe, restaurant, eating establishment, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
TIME OF NIGHT
Shall be 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 Borough; prima facie the time then observed in the Borough of Raritan police headquarters.[1]
[1]
Editor's Note: The original definition of "year of age," which immediately followed this definition, was repealed 10-28-2003 by Ord. No. 03-12.
B. 
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.
It shall be unlawful for any person or persons under the age of 17 to be or remain in or upon any public place within the Borough of Raritan at night between 11:00 p.m. and continuing on into the morning hours of the following day until 6:00 a.m.
In the following exceptional cases, a minor on a Borough street during the nocturnal hours for which § 132-3 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 this chapter, when accompanied by a parent of such minor as defined in § 132-2.
It shall be unlawful for a parent, as defined in § 132-2, having legal custody of a minor knowingly to permit or by inefficient control to allow such minor to be or remain upon any Borough street or in any public place, as defined in § 132-2, under circumstances not constituting an exception to or otherwise beyond the scope of this chapter.
If a police officer reasonably believes that a juvenile is on the streets in violation of this chapter, 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 parents 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 or public place shall use his or her best judgment in determining age. If the officer determines or has reason to believe that a person is in violation of this chapter, he shall take the juvenile to police headquarters where the parent or guardian, as defined in § 132-2, shall be immediately notified and required to report to police headquarters and procure the juvenile, whereupon the parent or guardian shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of the 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 light of experience and may provide that the officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for example, a juvenile of tender age near a home whose identity and address may be readily ascertained or are known.
B. 
A police officer discharging an enforcement obligation under this section 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 that will prevent the police officers from performing their primary police duties. The reports shall be as simple as reasonably possible, and the Police Chief may design and create whatever form or system the Police Chief deems necessary to effectuate this chapter, and the reports may be completed by Police Department personnel other than sworn police officers.
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 promulgated by the Chief of Police, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult relative, neighbor or other person who will, on behalf of a parent or guardian, assume responsibility of caring for the juvenile pending the availability of a parent or guardian.
D. 
In the case of a first violation by 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 this chapter, including enforcement of parental responsibility and of applicable penalties.
A. 
If, after receipt of a warning notice pursuant to § 132-6D of a first violation by a juvenile, a second curfew violation is adjudicated against the same minor, the parents of the minor shall be subject to prosecution under this § 132-7. Violators of this chapter shall be required to perform community service and may be subject to a fine of up to $1,000. If both the juvenile and the juvenile's parent violate this chapter, they shall be required to perform community service together.
B. 
Any juvenile who shall violate any of the provisions of this chapter more that 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 or the Borough Attorney may proceed to file such charges with the Superior Court of New Jersey, Family Part, as he or she may deem appropriate.