[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 3-8-1983
by Ord. No. 1983-7 (Sec. 2.40 of the 1995 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Curfew in parks — See Ch. 381.
The Township Committee of the Township of Cinnaminson hereby determines
that a curfew is necessary to further the public health, safety, morals and
general welfare of the Township and specifically to further the following
Township interests:
A.
The reduction in the incidence of juvenile criminal activity.
B.
The protection of the public from nocturnal mischief
by minors.
C.
The enforcement of parental control of and responsibility
for their children.
D.
The protection of the younger children from each other
and from other persons on the streets during the nighttime hours.
A.
When not inconsistent with the context, words used in
the present tense include the future; words in the plural number include the
singular; and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
B.
JUVENILE or MINOR
PARENT
STREET
TIME OF NIGHT
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
Any person under the age of 17 years.
Any person having legal custody of a juvenile as a natural or adopted
parent; as a legal guardian; as a person who stands in loco parentis; or as
a person to whom legal custody has been given by order of the court.
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, curb,
sidewalks, whether paved or unpaved, and any grass lots or other grounds found
within the legal right-of-way of a street. The term "street" applies irrespective
of what it is called or formally named, whether "alley," "avenue," "court,"
"road" or otherwise. The term "street" shall also include, for the purposes
of this chapter, shopping centers, parking lots, parks, playgrounds, public
buildings and similar areas, open to the use of the public.
Referred to herein, based upon the prevailing standard of time, whether
Eastern standard time or Eastern daylight saving time, generally observed
as that hour by the public in the Township, prima facie, time then observed
in the Township administrative offices and police stations.
It shall be unlawful for any juvenile under the age of 17 to be or remain
in or upon any of the streets, highways, roads, roadways, alleys, parks or
other areas or in any quasi-public place or in any other place open to the
public in the Township of Cinnaminson, either on foot or by any form of conveyance
after the hour of 10:30 p.m., prevailing time, and before 6:00 a.m., prevailing
time, except on Friday and Saturday when the hours shall be fixed between
12:00 midnight, prevailing time, and 6:00 a.m., prevailing time.
A person under the age of 17 years shall not be considered in violation
of this chapter under the following exceptional circumstances:
A.
When accompanied by a parent of such juvenile.
B.
When accompanied by an adult authorized by a parent of
such juvenile to take said parent's place in accompanying said juvenile for
a designated period of time and purpose within a specified area.
C.
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
Chief of Police to receive such information at the Public Safety Building
on Manor Road, 24 hours in advance a written communication, signed by the
juvenile and countersigned by a parent of the juvenile with their home address
and telephone number, specifying when, where and in what manner the juvenile
will be on the street at night (during hours when this chapter is otherwise
applicable to said minor) in the exercise of the First Amendment rights specified
in such communication.
D.
In the case of an emergency or reasonable necessity for
a juvenile to be on the street, but only after the juvenile's parent has communicated
to the Chief of Police or the person designated by the Chief of Police to
receive such notifications the facts establishing the reasonable necessity
or emergency relating to specified streets at a designated time or a described
purpose, including points of origin and destination.
E.
When the juvenile is on the sidewalk or place where such
juvenile resides or on the sidewalk of either next-door neighbor not communicating
an objection to the police officer.
F.
When returning home by a direct route from, and within
one hour after the termination of, a school- or Township-sponsored activity
or an activity of a religious or other civic association.
G.
When returning home by a direct route from the juvenile's
lawful and gainful employment, provided that prior written notice has been
filed with the Chief of Police, signed by the juvenile's parent, identifying
the name, address and telephone number of the employer and the usual hours
of employment.
H.
When the juvenile is, with parental consent, in a motor
vehicle for the purpose of direct interstate or intrastate movements along
major routes through Cinnaminson Township, such travel beginning or ending
in Cinnaminson Township.
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 Township street or 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 the 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 to 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.
If a police officer reasonably believes that a juvenile is on the streets
or public places in violation of this chapter, the officer shall notify the
juvenile that he or she is in violation of the chapter and shall require the
juvenile to provide his or her name, address and telephone number and how
to contact his or her parents or guardians. The juvenile shall then be taken
to the police station, where a parent or guardian shall immediately be notified
to come for the juvenile. A complete record of the circumstances under which
the juvenile was first seen or discovered in the apparent violation of the
chapter shall be made, and such record shall include the name and address
of said juvenile, the names and addresses of all persons who have any legal
or moral obligation for said juvenile's well-being and the nature of such
obligation, i.e. parent, guardian, custodian, etc. When a parent or guardian
has come to take charge of the juvenile and the appropriate information has
been recorded, the juvenile shall be released to the custody of such parent.
If the parent cannot be located or fails to take charge of the juvenile, then
the juvenile shall be released to the juvenile authorities, except to the
extent that, in accordance with police regulations, approved in advance by
the juvenile authorities, the juvenile may temporarily be entrusted to an
adult relative, neighbor or other person who will, on behalf of a parent or
guardian, assume the responsibility of caring for the juvenile pending the
availability or arrival of a parent or guardian.
In the case of a first violation by a juvenile, the Chief of Police shall cause a written notice of the violation, with a warning that any subsequent violation will result in full enforcement of this chapter, including enforcement of parental responsibility and of applicable penalties, to be served upon the juvenile's parent or legal guardian either by personal service or certified mail. If, after the warning notice of a first violation by the juvenile, a parent violates § 237-5, in connection with a second violation by the juvenile, this shall be treated as a first offense by the parent. For the first parental offense, a parent shall be fined $50, and for each subsequent offense by a parent the fine shall be increased by an additional $25. The Judge of the Municipal Court of the Township of Cinnaminson, upon finding a parent guilty, shall sentence the parent to pay this fine and the costs of prosecution. Any juvenile who shall violate any of the provisions of this chapter more than three times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police or his designee may proceed to file such charges with the Burlington County Juvenile and Domestic Relations Court as he may deem appropriate.
