[HISTORY: Adopted by the Township Committee of the Township
of Buena Vista 8-11-75 by Ord. No.
132-1975 (Ch. 76 of the 1993 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 109.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any of the following acts: defacing, damaging or
destroying public property or the private property of another within
the Township of Buena Vista, or committing an assault or assault and
battery upon another in the Township of Buena Vista; robbery, stealing
or larceny, including shoplifting; knowingly receiving stolen property;
violation of any existing loitering or curfew laws of the Township
of Buena Vista;[1] or breaking and entering or entering without breaking
into the property of another with the intent to steal, or threatening
another with the intention of extorting money or anything of value;
or possession and/or use of a controlled dangerous substance, as same
shall be defined under Title 24, Revised Statutes of New Jersey, or
juvenile delinquency based upon any of the above offenses.
Any unemancipated person under the age of 18 years.
Includes either or both natural parents of a minor, the legal
guardians of such minor or any other adult persons who have voluntarily
or otherwise assumed the responsibilities of a natural parent with
respect to custody, care and control of said minor. For the purposes
of the enforcement of this chapter, the term "parent" shall not apply
to natural parents, legal guardians or other persons whose responsibility
for the custody and control of such minor has been transferred to
another person or otherwise terminated by court order or by the emancipation
of said minor by marriage, military service or other circumstances.
Persons claiming the benefit of any such termination or transfer of
responsibilities shall bear the burden of establishing the same in
any proceedings hereunder.
[1]
Editor's Note: See Ch. 109, Curfew.
It shall be unlawful for any parent to assist, aid, abet, allow,
permit, suffer or encourage a minor to commit a violation of the public
peace, as defined herein, either by overt act, by failure to act or
by lack of supervision and control over such minor. Whenever a minor
shall be taken into custody or detained for the commission of any
such violation of the public peace within the Township of Buena Vista,
the parents of such minor shall be immediately notified by the Municipal
Court Clerk of such custody or detention and the reasons therefor
and of the responsibility of parents under this chapter. When a minor
is charged with a violation of the public peace, as defined herein,
and the court makes an adjudication of delinquency, the Municipal
Court Clerk or his designated agent shall forthwith serve written
notice of said adjudication of delinquency upon the parents, together
with a written warning, in a form approved by the Township Attorney,
of the penalties and other provisions of this chapter with respect
to the commission within one year of a second violation of the public
peace by said minor. If at any time within one year of the giving
of such notice, such minor shall be charged with a violation of the
public peace and shall again be adjudicated delinquent, it shall be
presumed, subject to rebuttal by competent evidence, that the parents
of said minor during said period of time allowed, permitted or suffered
said minor to commit a violation of the public peace. A record of
such notifications shall be kept by the Municipal Court Clerk.
Any parent who shall violate the terms of this chapter shall,
upon conviction thereof, be subject to punishment by a fine not exceeding
$500.
The remedy provisions of this chapter shall be cumulative, not
exclusive, and the state or any other person shall have the right
to proceed under any other legally available remedies.
