[HISTORY: Adopted by the Board of Commissioners of the Borough of
Collingswood 1-3-2000 by Ord. No. 1203.
(This ordinance also superseded former Ch. 201, Loitering, adopted 12-18-1970
by Ord. No. 653, as amended.) Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following
meanings indicated:
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.
An individual who is under the age of 18 years.
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, 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.
A.
Prohibition. No person shall loiter in a public place in such
a manner as to:
B.
Discretion of police officers. 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.
No minor shall enter onto any property controlled by the Borough
of Collingswood Board of Education between the hours of 9:00 p.m. and 6:00
a.m. for any purpose, unless accompanied by a responsible adult, or unless
said minor has permission from the Borough of Collingswood Board of Education,
which permission has been transmitted, in writing, to the Borough Clerk of
the Borough of Collingswood, or her designate.
A.
It shall be unlawful for any juvenile of any age under
18 years to be on any public street, or in a public place, between the hours
of 10:00 p.m. and 6:00 a.m.
B.
The provisions of this section shall not apply to a juvenile
as follows:
(1)
When the juvenile is accompanied by his or her parent(s)
or guardian(s).
(2)
When the juvenile is upon a medical emergency, errand,
or legitimate business directed by his or her parent(s) or guardian(s).
(3)
When the juvenile is gainfully employed at the time.
(4)
When the juvenile is an attendant as a bona fide student
at an evening school of instruction.
(5)
When the juvenile is in attendance at a function sponsored
by a religious, community-based or educational organization, association or
society.
(6)
When the juvenile is in attendance at a supervised cultural,
educational and social event.
(7)
When the juvenile is attending extracurricular school
activities.
(8)
When the minor shall, as a result of the exceptions enumerated
in this Subsection 6(3), (4), (5) and (6) immediately above, be traveling
on or upon any of the public places in the Borough of Collingswood, after
the prescribed hour while returning to his or her residence from such activity.
A.
No parent or guardian of a juvenile shall knowingly permit said juvenile to violate the provisions of this chapter. It shall be unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or any public place during the aforementioned hours subject to the exceptions set forth in § 201-3B above. The term "knowingly" includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a juvenile in said parents or guardian's legal custody.
B.
Whenever any juvenile is charged with violation of this
chapter, his parent(s) or guardian(s) shall be notified by the Chief of Police
or any other person designated by him to give such notice. If at any time
within 30 days following the giving of the notice, as provided in this section,
the juvenile, whose parent(s) or guardian(s) have received the notice referred
to in the previous sentence, again violates this chapter, it shall be presumed
in the absence of evidence to the contrary that the juvenile did so with the
knowledge and permission of his parent(s) or guardian(s).
A.
If a police officer reasonably believes that a juvenile
is in a public place in violation of this chapter, the officer shall notify
the juvenile that he or she is in violation of this chapter and shall require
the juvenile to provide his or her name, address and telephone number and
how to contact his or her parent(s) or guardian(s). 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.
Any person violating any provisions of this chapter shall, upon conviction,
be punished by a fine not to exceed $1,000 or by imprisonment for not more
than 30 days. Any juvenile who violates this chapter shall be treated as a
juvenile offender in accordance with the laws of the State of New Jersey.
Each violation of the provisions of this chapter shall constitute a separate
offense. Furthermore, both the juvenile, and/or the juvenile's parent(s)
or guardian(s), in the event of a violation of this chapter, shall be required
to perform community service.
