For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein:
AGE
Years of age continues from one birthday to, but not including the
day of, the next, such that a person who has not completed 18 years of life
is deemed to be 17 years of age.
GUARDIAN
A person other than a parent to whom legal custody of the juvenile
has been given by court order, who is acting in the place of the parent or
who is responsible for the care and welfare of the juvenile.
JUVENILE
Any person under the age of 18 years old.
PARENT
Any person having legal custody of a juvenile as:
A.
A natural or adoptive parent.
C.
A person who stands in loco parentis.
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, athletic or shopping area, public transportation facility, vehicle
used for public transportation, parking lot or any other public building,
structure or area.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the streets,
including the congregating of groups, or of interacting minors totaling four
or more persons in which any juvenile involved would not be using the streets
for ordinary or serious purposes such as mere passage or going home. To implement
that thought with additional precision and precaution, numerous exceptions
are expressly defined in this chapter so that this is not a mere prohibitory
or presence-type curfew. More and more exceptions become available with increasing
years and advancing maturity as appropriate in the interest of reasonable
regulation.
STREET
A way or place, of whatsoever nature, open to the use of the public
as a matter of right for purposes of vehicular travel or, in the case of a
sidewalk thereof, for pedestrian travel. The term "street" includes the legal
right-of-way, including but not limited to the cartway or traffic lanes, the
curb, the sidewalks, whether paved or unpaved, and any grass plots for other
grounds found within the legal right-of-way of a street. The term "street"
shall also include shopping areas, parking lots, public buildings and similar
areas that are open to the use of the public.
TIME
Time of night referred to herein is 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 City, prima facie the time then
observed in the City administrative offices and police station.
It shall be unlawful for juveniles to be in any public place between
the hours of 11:59 p.m. and 6:00 a.m. from July 1 through August 31, and between
the hours of 9:59 p.m. and 6:00 a.m. from September 1 through June 30 unless
accompanied by a parent or guardian.
The curfew established in §
58-3 above does not apply if the juvenile is:
A. Engaged in, or traveling to and from, a business or occupation
which the laws of the State of New Jersey authorizes a juvenile to perform;
B. Engaged in an errand involving a medical emergency;
C. Attending religious services, approved school activities,
activities sponsored by a religious or community based organization or other
cultural, education or social events or in direct transit to or from such
events; or
D. When exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of religion, freedom
of speech and the right of assembly. The juvenile shall evidence the bona
fides of such exercise by first delivering to the person designated by the
Police Director to receive such information at the Police Division Headquarters,
North Clinton Avenue, a written communication, signed by the juvenile with
his/her home address and telephone number, specifying when, where and in what
manner the juvenile will be on the streets at night, during hours when the
curfew restrictions are otherwise applicable to the minor, in the exercise
of the First Amendment right describe in such communication.
It shall be unlawful for a parent having legal custody 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 should reasonably be expected to have concerning
the whereabouts of a juvenile in that parent's legal custody. It is intended
to continue to keep neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It shall, therefore,
be no defense that the parent was completely indifferent to the activities
or conduct or whereabouts of such juvenile.
Notice of the existence of this chapter and of the curfew regulations
established by it shall be posted in, on or about such public or quasi-public
places as may be determined by the Director of Public Safety in order that
the public may be constantly informed of the existence of this chapter and
its regulations.