[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Paulsboro 5-19-2015 by Ord. No. 05.15. Amendments noted where applicable.]
GENERAL REFERENCES
Parental responsibility — See Ch. 45.
[1]
Editor's Note: Former Ch. 50, Plumbing Code, adopted
2-2-1948, as amended, was repealed 11-6-1988 by Ord. No. 0.7.88.
The Borough Council of the Borough of Paulsboro concurs and
adopts the findings of the legislature of the State of New Jersey
as set forth in P.L. 1993, c. 132.
As used in this chapter, the following terms shall have the
meanings indicated:
Obtaining medication, medical treatment, or medical treatment
devices for the juvenile or another person.
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order or who is directly responsible
for the care and welfare of the juvenile at the direction of or with
the consent of the parent of the juvenile or a person to whom legal
custody of the juvenile has been given by court order.
An individual who's under the age of 18 years.
The biological or adoptive mother or father of a juvenile.
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.
Public street, road thoroughfare, sidewalk, bridge, alley,
plaza, or any publically owned outdoor area.
A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel.
The term "street" includes the cartway of traffic lanes whether paved
or unpaved and applies irrespective of what it may be called or formally
named whether alley, avenue, court, road, or otherwise.
It shall be unlawful for a juvenile under the age of 18 years to be on any public place in the Borough of Paulsboro 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, except as permitted by § 50-4 herein.
A.
It shall not be considered a violation of this chapter for any person
under 18 years of age to be in or remain in or upon a public place
within the Borough of Paulsboro during curfew hours:
(1)
When accompanied by a parent or guardian of such minor.
(2)
When engaged in errands involving medical emergencies.
(3)
When in the process of traveling from one destination to another
destination where such destinations are not public rights-of-way within
the Borough of Paulsboro with written permission granted by such juvenile's
parent or guardian in the juvenile's possession. The written
permission to be at and travel to and from such destination shall
also contain the name, telephone contact and signature of such parent
or guardian.
(4)
When working at or traveling to or from a lawful occupation.
(5)
When attending or traveling to or from a private or public school
function or extracurricular activity.
(6)
When participating in or traveling to or from other cultural, educational
and social events, sponsored by religious, nonprofit or community
based organizations during curfew hours. It shall be up to the parent
or guardian of the juvenile to determine what events they consider
to be cultural, educational or social events sponsored by religious,
nonprofit or community based organizations and to determine what events
their juvenile may attend and to give written permission to such juvenile
to attend and travel to and from such events. Such written permission
must be in the juvenile's possession and shall also contain the
name, telephone contact and signature of such parent or guardian.
(7)
When on the property or the sidewalk in front of the property where
the juvenile resides, or on either side of or directly across the
street from the place where the juvenile resides and the adult owner
or resident of that property has given permission for the juvenile
to be there.
B.
Any person under 18 years of age who continues to be or remains in or upon a public right-of-way within the Borough of Paulsboro within one hour of commencing any travel permitted as an exception in § 50-4A(1) through (7) of this chapter, during curfew hours, or who remains on the sidewalk pursuant to subsection 50-4A(7) of this chapter for more than one hour during the curfew hours, shall be in violation of this chapter.
A.
In determining the age of the person thought to be a juvenile and
in the absence of convincing evidence such as a birth certificate
or government-issued identification, a police officer shall, in the
first instance, use his or her best judgment in determining age.
B.
A police officer coming upon a juvenile who appears in such officer's reasonable judgment to be in violation of this chapter, may require the juvenile to provide the reason for his being on a Public Place during curfew hours. If a juvenile has provided information or written permission to the police officer upon questioning, which establishes an exception under § 50-4A(1) through (7) above, and is traveling to or from a permitted destination, the juvenile shall then be directed to continue on his or her way unless the juvenile is awaiting another person's arrival with whom to continue to travel to a permitted destination pursuant to § 50-4A(1) through (6) above, the officer may inquire as to the identity of such person and the expected time of their arrival. Such juvenile shall, upon the arrival of the awaited traveling companion, immediately continue on his or her way home or to such destinations as permitted in the within chapter.
It shall be unlawful for a parent or guardian having legal custody
or control of a juvenile knowingly to permit or by inefficient control
to allow the juvenile to be or remain upon any public place under
circumstances not constituting an exception to, or otherwise beyond
the scope of this chapter. The term "knowingly" includes knowledge
which a parent or guardian should reasonably be expected to have concerning
the whereabouts of a juvenile in that parent's or guardian's
legal custody or control. It is intended to keep neglectful or careless
parents or guardians up to a reasonable community standard of parental
responsibility through an objective test. It shall, therefore, be
no defense that a parent was completely indifferent to the activities
or conduct or whereabouts of such juvenile.
A.
Community service. Any person, juvenile or adult convicted of a violation
of this chapter shall be required to perform community service as
directed by the Court. As provided in N.J.S.A. 40:48-2.5(2), whenever
both a juvenile and the juvenile's parent or guardian violate
the chapter, they shall be required to perform community service together.
B.
Fines. A person convicted of a violation of this chapter shall be
subject to a fine of not more than $1,000.
