As used in this chapter, the following terms shall have the
meanings indicated:
GUARDIAN
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.
JUVENILE
An individual who is under the age of 18 years.
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, public transportation
facility, vehicle used for public transportation, parking lot or other
public building, structure or area.
[Amended 9-11-2019 by Ord. No. O:36-2019]
A. In accordance
with the provisions of N.J.S.A. 40:48-2.52e, the Chief of Police or
his designee shall utilize a records management system which shall
contain the names of any juvenile detained for violation of the provisions
of this chapter. Prior to any complaint being issued to a juvenile,
parent or guardian for violation of the provisions of this article,
a search shall be made of said records management system to determine
if any such person had been formally noticed of the provisions of
this article.
B. If at the time a juvenile is detained by reason of violating the provisions of this article and a search of the records management system set forth in Subsection
A above does not disclose that the juvenile had been detained on a prior occasion, said juvenile shall be released to the custody of his or her parent or guardian, at which time said juvenile and parent shall receive a written copy of this article, and said parent or guardian shall sign the juvenile release form acknowledging receipt of notice of the provisions of this article. In such case, no complaint shall be signed against any such juvenile, parent or guardian.
C. If at the time a juvenile is detained by reason of violation of the provisions of this article and a search of the records management system set forth in Subsection
A discloses the juvenile had on a prior occasion been detained and his or her parent or guardian had received notice of the provisions of this article, a complaint may be issued against said juvenile and parent or guardian for violation of the provisions of this chapter.
Any person found guilty of the violation of the provisions of
this chapter by any court of competent jurisdiction shall be required
to perform up to 40 hours of community service and shall be subject
to a fine of up to $1,000, or both. In the event that both a juvenile
and the juvenile's parent or guardian shall be found guilty of
violating the provisions of this article, they shall be required to
perform any such community services together.