[HISTORY: Adopted by the Township Committee
of the Township of Delanco at time of adoption of Code (see Ch. 1,
General Provisions, Art. I). Amendments noted where applicable.]
A.
The Township Committee of the Township of Delanco,
hereby finds that there has been a significant breakdown in the supervision
normally provided by certain parents and guidance for juveniles being
involved in a wide range of unacceptable behavior including vandalism,
noisy and rowdy behavior, breaking and entering, public drinking and
littering, and harassment of residents.
B.
The Township Committee further finds that the offensive
activities of the juveniles are not easily controlled by existing
laws and ordinances because the activities are easily concealed whenever
police officers are present and that the establishment of reasonable
curfew regulations will enable the community to better control the
free and unobstructed access to the streets and public places by the
majority of residents and will enable the police to act reasonably
and fairly to prevent the violation of laws and ordinances by juveniles.
C.
The Township Committee further finds and has determined
that a curfew meets a very real local need and that curfew ordinances
in other communities have been a significant factor in minimizing
juvenile delinquency. A curfew in Delanco is particularly appropriate
in view of the basic residential nature of the community in the sense
of the community that there is a proper time for the cessation of
outdoor activities of juveniles. That sense of community is reflected
by the curfew hours declared by this chapter which take into consideration
also the danger hours for nocturnal crime and for accumulations of
juveniles with potential risk incident to immaturity.
D.
In enacting this chapter the Township Committee adopts
the findings of the legislature expressed in P.L. 1992 Chapter 132[1] and has taken note of the peculiar vulnerability of children,
both as victims of crime and as perpetrators of offenses because of
peer pressure. This chapter is intended not only to prevent children
from causing harm but also is intended to protect children themselves
from being harmed as victims of nocturnal crime.
[1]
Editor's Note: See now N.J.S.A. 40:48-2.52.
E.
Delanco is basically a family community. Parental
responsibility for the whereabouts of children is the accepted norm
by a substantial majority of the community. Legal sanctions to enforce
such responsibility have had a demonstrated effectiveness in many
communities over the years. The Township Committee has determined
that as parental control increases there is a likelihood that juvenile
delinquency decreases and that there is a need for a nocturnal curfew
for juveniles in Delanco and that the establishment of a curfew applicable
to juveniles will reinforce the primary authority and responsibility
of parents and guardians over juveniles in their care and custody.
F.
It is not the intent of this chapter to supplant parental
supervision. The Township Committee recognizes the right of parents
to direct their children's upbringing and family autonomy against
unreasonable interference. The Township Committee is also aware that,
in case in which harm to the physical or mental health of a child
or to the public safety, peace, order or welfare is threatened, the
legitimate interests of the community as a whole may override the
parents, qualified right to control the upbringing of their children.
G.
The Township Committee also recognizes that juveniles
are protected with certain constitutional rights and guarantees that
are enjoyed by all citizens of this community. It is not the intention
of this article to deprive juveniles of the ability to exercise valid
rights secured to them under the Constitution of the United States
or the State of New Jersey. The function of this article is, instead,
to protect juveniles and to balance the right of all citizens of the
Township of Delanco so that all may enjoy the rights and privileges
of citizens as guaranteed to them by the Constitution and laws of
this Country and this State.
The following terms used in this chapter are
defined as follows:
An individual who is under the age of 18 years.
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 responsibly 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.
It shall be unlawful for any juvenile to be
or remain on or upon any public place within the Township of Delanco
between the following hours:
A.
Beginning at 11:00 p.m. on Friday and Saturday nights
and official holidays, Christmas Eve and New Year's Eve nights, and
extending until 5:00 a.m. on the following day.
B.
Beginning at 10:00 p.m. on all other nights, except as otherwise
set forth herein, and extending until 5:00 a.m. the following day.
[Amended 11-14-2016 by Ord. No. 2016-12]
C.
On October 30, beginning at 9:00 p.m. and extending until 5:00 a.m.
on the following day.
[Added 11-14-2016 by Ord.
No. 2016-12]
D.
On October 31, trick or treating to end at 8:00 p.m., and curfew
beginning at 9:00 p.m. and extending until 5:00 a.m. on the following
day.
[Added 11-14-2016 by Ord.
No. 2016-12]
A juvenile on the street during the hours referred to in § 154-3 shall not be considered in violation of this chapter under the following circumstances.
A.
When accompanied by a parent or guardian 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
minor 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 such exercise provided that the
juvenile has in his possession a written communication, signed by
the juvenile with their 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 this chapter is otherwise applicable
to said juvenile in the exercise of a First Amendment right specified
in such communication.
D.
In case of reasonable necessity for the juvenile remaining
on the streets providing that the juvenile has in his possession a
written communication, signed by the juvenile and countersigned by
a parent or guardian of the juvenile with their home address and telephone
number setting forth the facts establishing the reasonable necessity
relating to specified streets at a designated time for a described
purpose including points of origin and destination.
E.
When the juvenile is on the sidewalk or property where
the juvenile resides, or on either side of or across the street from
the place where the juveniles resides and the adult owner or resident
of that property has given permission for the juvenile to be there.
F.
When returning home from and within one hour after
the termination of a school or Township sponsored activity, or an
activity of a religious or other voluntary association providing that
the juvenile has in his possession a written communication, signed
by the juvenile and countersigned by a parent or guardian of the juvenile
with their home address and telephone number indicating the place
and probable time of termination of the activity.
G.
When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. It is the intention of this
provision to clearly exempt bona fide interstate movements along major
routes through the Township of Delanco and interstate travel beginning
or ending in the Township of Delanco.
H.
When engaged in or traveling to or from a place of
employment.
I.
When engaged in an errand involving a medical emergency.
It shall be unlawful for a parent or guardian
having legal custody of a juvenile knowingly to permit or by inefficient
control to allow the juvenile to be or remain in 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 hold parents responsibility through an objective test. It shall,
therefore, be no defense that a parent was inattentive or indifferent
to the activities or conduct or whereabouts of such juvenile.
A.
If a police officer reasonably believes that a juvenile
is in a public place in violation of this chapter, the officer shall
so advise the juvenile and take the juvenile into custody. The juvenile
shall then provide his or her name, age, address and telephone number
and advise the officer where and how to contact his or her parent
or guardian. The juvenile shall then be taken to the police station
where a parent or guardian shall immediately be notified to come and
take custody of the juvenile.
B.
If the parent or guardian cannot be located or fails
to take custody of the juvenile, then the juvenile shall be released
to the juvenile authorities or, in appropriate cases, may be temporarily
entrusted to an adult neighbor or other person who will, on behalf
of a parent or guardian, assume responsibility for the juvenile.
C.
In the absence of documentary evidence, a police officer
may use his or her best judgment in determining age.
D.
Within 24 hours of the violation, the police officer
who took the juvenile into custody shall file a written report, in
a form to be prescribed by the Chief of Police, with the office of
the Chief.
E.
In the case of a first violation, the Chief of Police
or his designee shall, by certified mail, send to the parent or guardian,
written notice of the violation. The notice shall advise the parent
or guardian of his or her right to contest the charge in municipal
court and that the failure to contest the charge will be deemed an
admission by the parent or guardian that the violation occurred. The
notice will further advise the parent or guardian that there are no
penalties for first offenses but that a subsequent violation by the
juvenile will result in the imposition of monetary penalties upon
the parent or guardian. This notice shall be deemed received upon
mailing.
If, after the parent or guardian receives the notice pursuant to § 154-6E, the juvenile violates this chapter a second time, this shall be treated as a first offense by the parent. Upon a finding of parental culpability for the first parental offense, a parent shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
This chapter shall be liberally construed to
effectuate the purpose and intent of P.L. 1993, c. 132.[1]
[1]
Editor's Note: See now N.J.S.A. 2C:44-1.
Notice of the existence of this chapter 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 or his designee in order that the public may be informed
of the existence of this chapter and its regulations.
