[HISTORY: Adopted by the Borough Council of the Borough of Carteret
11-3-1976 as Sec. 6-6 of the 1970 Revised Ordinances; amended in its entirety
11-19-1996 by Ord. No. 96-25. Subsequent amendments noted where applicable.]
For purposes of this chapter, terms used are defined as follows:
Remaining idle in essentially one location and shall include the
concepts of spending time idly, loafing or walking about aimlessly and shall
also include the colloquial expression "hanging around."
Any adult person having care or custody of a minor, whether by reason
of blood relationship, the order of any court or otherwise.
Any place to which the public has access and shall include any street,
highway, road, alley or sidewalk. It shall also include the front or the neighborhood
of any store, shop, restaurant, tavern or other place of business and public
grounds, areas or parks, as well as parking lots or other vacant private property
not owned by or under the control of the person charged with violating this
chapter, or, in the case of a minor, not owned or under the control of his
parent or guardian.
[Amended 6-4-1998 by Ord.
No. 98-22]
A.
ADULT
GUARDIAN
JUVENILE/MINOR
KNOWINGLY
LOITERING
PUBLIC PLACE
Definitions. For the purpose of this section, the following
terms shall be defined as follows:
Includes natural or adoptive parents.
A person, other than the parent, to whom legal custody of the juvenile
has been given by the court or who is acting in the place of the parent or
is responsible for the care and welfare of the juvenile.
Shall be interchangeable and shall mean any individual who is 16
years of age or less.
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the whereabouts of a juvenile in that parent's
legal custody. It is intended to include and require neglectful or careless
parents to maintain a reasonable community standard of parental respectability
through an objective test. It shall be no defense that a parent was completely
indifferent to the activities or conduct or whereabouts for such minor.
Remaining idle in essentially one location and shall include the
concepts of spending time idly, loafing or walking about aimlessly, and shall
also include the colloquial expression "hanging around."
Any place to which the public has access, including but not limited
to the 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.
B.
Loitering.
(1)
Certain types of loitering prohibited. No person shall
loiter in a public place in such manner as to:
(a)
Create or cause to be created a danger of a breach of
the peace.
(b)
Create or cause to be created any disturbance or annoyance
to the comfort and repose of any person.
(c)
Obstruct the free passage of pedestrians or vehicles.
(d)
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 168-1 above. This subsection shall include the making of unsolicited remarks of an offensive, distinguishing or insulting nature or which are calculated to annoy or disturb the person to or whose hearing they are made.
(2)
Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection A, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
C.
Responsibilities of the parent or guardian. A parent
or legal guardian shall not permit or, by ineffective control, allow a minor
to violate this loitering.
D.
Enforcement procedures.
(1)
Any juvenile found by a police officer to be in violation of Subsection A or B of this section shall be taken into police custody and released thereafter to his or her parent or guardian. The parent and guardian, as defined in § 168-1, shall immediately be notified and required to report to police headquarters to procure the juvenile.
(2)
In determining the age of the juvenile, and in the absence
of convincing evidence such as a birth certificate, a police officer shall
use his or her best judgment in determining age.
(3)
When a parent or guardian is immediately called and has
come to take charge of the juvenile, information shall be sought from the
parent or guardian or person having legal custody of the minor so as to permit
ascertainment, under constitutional safeguards, or relevant facts and to centralize
responsibility in the person designated there and then on duty for accurate,
effective, fair, impartial and uniform enforcement and recording, thus making
available personnel and access to information and records.
(4)
If a parent or guardian cannot be located or fails to
take charge of the juvenile, then the juvenile shall be released to the juvenile
authorities. The juvenile may temporarily be entrusted to any adult, relative,
neighbor or other person who will, on behalf of a parent, assume the responsibility
of caring for the juvenile pending availability of the parent or guardian.
(5)
In the case of a juvenile, a formal warning shall be
issued to a first offender and served upon the parent or guardian in person
or by certified mail; thereafter, summons shall be issued to a second offender
and served upon the parent or guardian in person or by certified mail.
(6)
If the juvenile has been issued a warning, or convicted
of violating this ordinance on a prior occasion within six months of the date
of the alleged subsequent violation, there shall be presumption that the parent
or guardian having care of the juvenile knew or should have known of the juvenile's
violation of this section.
E.
Violations and penalties.
(1)
After receipt of a warning notice pursuant to Subsection D(5) of a first violation by a juvenile, if the juvenile is found guilty of a second loitering violation, he shall be deemed to be in violation of this chapter and subject to the penalties set forth in Subsection E(2); the parents and guardian of the juvenile shall also be subject to prosecution under this chapter under such circumstances.
A.
No person or persons shall make, aid, assign, create
or cause to be created any riot, breach of peace or disturbance or be guilty
of any disorderly conduct or open drunkenness or drink intoxicating liquors
in the open streets or highways of the Borough of Carteret or other quasi-public
open places in the borough.
B.
Repairs, construction work or maintenance, including
use of lawn mowers or other types of equipment, which involves annoyance to
person or persons, shall not be performed except on Monday through Friday,
between the hours of 7:00 a.m. and 10:00 p.m., and on Saturday and Sunday
between the hours of 9:00 a.m. and 8:00 p.m.
No person or persons shall loiter in the streets or highways or in public
or quasi-public places or utter loud, offensive, indecent language in the
streets or highways or in other public or quasi-public places or make improper
noise, utter loud, offensive or indecent language or remarks or indecent language
on private property so that the same is audible to the public beyond the confines
of said private property or make offensive or improper gestures to any person
or persons on such street, highways or public places or conduct himself in
any manner contrary to public decency; nor shall any person or persons trespass
upon the property of another without permission of the owner, occupant or
lessee.
No person or persons in a vehicle shall make offensive remarks or gestures
to any person or persons in a public place, these remarks being uncalled for
and unwanted and contrary to proper decorum. No person or persons in a vehicle
shall accost male or female persons on foot or in another vehicle in a seductive
or enticing manner or in any manner contrary to good taste and decorum, either
by words, gestures or mannerisms.
No person shall keep or maintain a disorderly house or a home of ill
fame or allow or permit any house, shop, store or other building owned or
occupied by him or her to be used as a disorderly house or house of ill fame,
to be frequented or resorted to by riotous or disorderly persons, prostitutes,
gamblers or vagrants.
No person shall, within the limits of the said borough, maliciously
destroy, damage or injure the personal property or real property of any person,
firm or corporation or any public property, whether the same be personal or
real; nor shall any person place or cause to be placed any material or obstruction
or interfere in any manner whatsoever with public or private property, specifically,
but not by way of limitation, sewers, drainage and water facilities, whether
they be located on public roads or private property; nor shall any person
suffer any interference, damage or injury to any public or private property
which shall affect the normal use thereof.
No person shall:
A.
Mutilate or remove any notice or damage, destroy or remove
any warning sign or signal or remove any barricade placed or posted on any
highway in connection with or relating to the closing of any road.
B.
Drive any vehicle over or upon the closed portion of
any highway.
C.
Violate any rule or regulation for the use of any highway.
No person shall place, throw, suffer or permit the depositing of any
stone, sticks, glass, snow or ice or any hard, dangerous or offensive substance
upon any street, avenue, road, highway or other public thoroughfare; nor shall
any person throw any such object or substance at, upon or against any person,
vehicle of transportation, building or other structure.
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties set forth in § 1-17 of this code.
[Added 3-5-1998 by Ord. No.
98-8; amended 6-4-1998 by Ord.
No. 98-27]
A.
ADULT
JUVENILE/MINOR
GUARDIAN
PUBLIC PLACE
KNOWINGLY
YEAR OF AGE
Definitions. For the purpose of this section, the following
terms shall be defined to mean:
Includes natural or adoptive parents.
Shall be used interchangeably and shall mean any individual who is
16 years of age or less.
A person, other than the 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.
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 any other public building, structure
or area.
Includes knowledge or information which a parent should reasonably
be expected to have pertaining to the whereabouts of a juvenile in that parent's
legal custody. It is intended to include and require neglectful or careless
parents to maintain a reasonable community standard of parental respectability
through an objective test. It shall be no defense that a parent was completely
indifferent to the activities or conduct or whereabouts of such minor.
Continues from one birthday, such as the 13th to (but not including
the day of) the next such as the 14th birthday, making it clear that 13 or
less years of age is herein treated as equivalent to the phase "under 14 years
of age."
B.
Hours; exceptions.
(1)
It shall be unlawful for juveniles 13 years of age and
under to be in any public place within the Borough of Carteret between the
hours of 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday and
6:00 a.m. on the next day following and 11:00 p.m. on Friday and Saturday
and 6:00 a.m. on the next following day.
[Amended 8-29-2000 by Ord.
No. 00-33]
(2)
It shall be unlawful for juveniles 14 to 16 years of
age to be in any public place within the Borough of Carteret between the hours
of 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday and 6:00
a.m. on the day next following and 12:00 midnight on Friday and Saturday and
to 6:00 a.m. on the day next following.
[Amended 8-29-2000 by Ord.
No. 00-33]
(3)
The prohibition of Subsection B(1) does not apply if said juvenile is:
(a)
Accompanied by his/her parent or guardian.
(b)
When the minor is accompanied by an adult authorized
by the parent for a designated time and for a specific purpose.
(c)
When exercising First Amendment (Constitutional) rights
protected by the United States Constitution, such as the free exercise of
religion, speech and assembly, which includes but is not limited to school,
church and social activities. Minors must have written communications, signed
by a parent and minor, specifying when, where and in what manner the minor
will be on the streets during curfew hours, and stating home address and telephone
number.
(d)
When the minor is within 50 feet of his/her residence.
(e)
When the minor has a work permit, and is en route to
or from employment.
(f)
When attending a school or borough-sponsored sporting
event within the Borough of Carteret, the minor has one hour after completion
of the event.
C.
Halloween time.
[Added 8-20-2001 by Ord.
No. 00-33[1]]
(1)
It shall be unlawful for juveniles 16 years of age and under to be in any public place within the Borough of Carteret on October 30 of each year, irrespective of the day of the week on which it shall fall, between the hours of 7:00 p.m. and 6:00 a.m. on the day next following. This subsection is intended to be in addition to Subsection B(1) and (2) of this section and shall not be interpreted to be modified by those subsections.
(2)
It shall be unlawful for juveniles sixteen years of age
and under to "trick-or-treat" after 7:00 p.m. on October 31, Halloween, of
each year.
[1]
Editor's Note: This ordinance provided for the redesignation of former
Subsections C through F as Subsection D through G, respectively.
D.
Responsibilities of the parent or guardian. A parent
or legal guardian shall not permit or, by ineffective control, allow a minor
to violate the curfew ordinance.
E.
Enforcement procedures.
(1)
Any juvenile found by a police officer to be in violation of Subsection B(1) or (2) of this section shall be taken into police custody and released thereafter to his or her parent or guardian. The parent or guardian, as defined in Subsection A, shall immediately be notified and required to report to police headquarters to procure the juvenile.
(2)
In determining the age of the juvenile, and in the absence
of convincing evidence such as a birth certificate, a police officer shall
use his or her best judgment in determining age.
(3)
When a parent or guardian is immediately called and has
come to take charge of the juvenile, information shall be sought from the
parent or guardian or person having legal custody of the minor so as to permit
ascertainment, under constitutional safeguards, or relevant facts and to centralize
responsibility in the person designated there and then on duty for accurate,
effective, fair, impartial and uniform enforcement and recording, thus making
available personnel and access to information and records.
(4)
If a parent or guardian cannot be located or fails to
take charge of the juvenile, then the juvenile shall be released to the juvenile
authorities; the juvenile may temporarily be entrusted to an adult, relative,
neighbor or other person who will, on behalf of a parent, assume the responsibility
of caring for the juvenile pending availability of the parent or guardian.
(5)
A formal warning shall be issued to a first offender
and served upon the parent or guardian in person or by certified mail; thereafter,
a nonindictable summons shall be issued to a second offender and served upon
the parent or guardian in person or by certified mail.
(6)
Police procedures shall constantly be refined in the
light of experience and may provide that the police officer may deliver to
a parent or guardian thereof a juvenile under appropriate circumstances.
(7)
A police officer discharging an enforcement obligation
under this section shall file the applicable reports. It is not the intention
of this section to require extensive reports that will prevent police officers
from performing their primary police duties. The reports shall be simple as
is reasonably possible.
(8)
If the juvenile has been convicted of violating this
section on a prior occasion within six months of the date of the alleged subsequent
violation, there shall be a presumption that the parent or guardian having
care of the juvenile knew or should have known of the juvenile's violation
of this section.
F.
Violations and penalties.
(1)
After receipt of a warning notice pursuant to Subsection E(5) of a first violation by a juvenile, if the juvenile is found guilty of a second curfew violation, he shall be deemed to be in violation of this section and subject to the penalties set forth in Subsection F(3); the parent or guardian of the juvenile shall also be subject to prosecution under this section.
(2)
Any juvenile who violates any of the provisions of this
section more than four times shall be reported by the Chief of Police or his
designee to the juvenile authorities as a juvenile in need of supervision
and may proceed to file such charges with the Superior Court of New Jersey,
Family Part, as deemed appropriate.
G.
Notice. Notice of the existence of this section and of
the Curfew Regulations established by it shall be posted in, or about such
public or quasi-public places as may be determined by the Chief of Police
in order that the public may be constantly informed of the existence of this
section and its regulations.
[Added 10-5-2001 by Ord.
No. 00-36]
A.
MOBILE TELEPHONE
USE
PARK
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Includes but not limited to cellular, analog and wireless digital
telephones.
To use a mobile telephone in dialing; answering; talking; and listening.
For an automatic transmission vehicle, that the vehicle is in the
park gear, for a standard transmission, that the vehicle is in the neutral
gear and the brake is being utilized or the vehicle is otherwise stationary.
B.
Purpose. It is the purpose of this section and the policy
of the municipality to regulate the use of mobile telephones by persons operating
motor vehicles in order to protect other persons within the municipality.
This section shall be liberally construed and applied to promote its purposes
and policy.
C.
Severability. In the event that any provision of this
section is found by a court of competent jurisdiction to be invalid, unconstitutional
or unenforceable, such provision shall be deemed severable from the remainder
of this section and shall not cause the invalidity of unenforceability of
the remainder of this section; and if a provision shall be deemed invalid
only because of excessive scope or breadth, the provision shall be deemed
valid to the extent of the scope and breadth permitted by law.
D.
Use; restrictions.
(1)
Permitted uses. Notwithstanding anything contained in
this chapter to the contrary, this section shall not be construed to prohibit
the use of mobile telephones by:
(a)
Any law enforcement, public safety or police officers,
emergency management officials, first aid, emergency medical technicians and
personnel and fire safety officials in the performance of duties arising out
of and in the course of their employment as such;
(b)
A person who is using the mobile telephone to contact
public safety forces under emergent conditions; or
(c)
While maintaining the vehicle in the parked position
either on public or private property or with a hands-free device which allows
the operator to maintain both hands on the vehicle applicable steering device
while using the mobile telephone.
(2)
Restrictions. No person shall operate a motor vehicle
on any street or highway while engaging in any conduct defined as the "use"
of a mobile telephone unless the operator is using a mobile telephone with
hands-free technology for dialing, answering, talking and listening and maintains
both hands on the applicable steering device.
E.
Penalties. Violations of any provision of this section
shall be punishable by a fine not to exceed $250.
