[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 2-23-1976 by Ord. No. 76-2. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 45.
Curfew — See Ch. 77.
Loitering — See Ch. 126.
Peace and good order — See Ch. 141.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Council does specifically find that far too many minors are committing breaches of the public peace, which, in significant part, are occasioned by a failure of the parent of the minor. Although the existing statutes do afford a means to alert parents to their responsibilities to both the minor and society in general it is the considered opinion and legislative judgment of the Council that further legislation is necessary to accomplish effective parental control and supervision. This chapter, pursuant to N.J.S.A. 40:48-1, is intended to fill this void.
As used in this chapter, the following terms shall have the meanings indicated:
A VIOLATION OF THE PUBLIC PEACE
A. 
Includes any of the following acts: defacing, damaging or destroying public property or the private property of another within the Borough of Beach Haven; committing an assault, or assault and battery upon another in the Borough; consuming and/or possessing alcoholic beverages in a public place in the Borough; breaking and entering or entering without breaking into the property of another with the intent to steal; threatening another with the intention of extorting money or anything of value; possession and/or use of a controlled dangerous substance as the same shall be defined under Title 24 of the Revised Statutes of New Jersey; or juvenile delinquency based upon any of the above offenses.
B. 
In order for a parent to violate § 139-3 of this chapter, utilizing the terminology "allow," "permit" or "suffer," where a minor is apprehended and convicted of a violation of the public peace, the Borough Clerk of the Borough or his designated agent shall forthwith serve written notice of the act and conviction on the parent. If at any time within 180 days of the giving of such notice such minor shall again be charged and thereafter be subsequently convicted of the same classification of a violation of the public peace, it shall be rebuttably presumed that the parent allowed, permitted or suffered said minor to commit "a violation of the public peace."
MINOR
Any person under the age of 18 years.
PARENT
Includes either or both parents of a minor, the legal guardians of such minor or any other person(s) having the care or custody of the minor committing the violation of the public peace. However, the term "parent" shall not apply to parents, legal guardians or other persons whose custody and control over such minor has been removed by court order, decree or judgment or military service or marriage of such minor.
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.[1]
[1]
Editor's Note: Former § 90-4, Violations and penalties, which immediately followed this section, was repealed 5-26-1981 by Ord. No. 81-6. For current penalty provisions, see § 1-16, General penalty provisions, of this Code.
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.