[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 4-5 of the 1993 Revised General Ordinances. Amendments noted where applicable.]
Peace and good order — See Ch. 235.
As used in this chapter, the following terms shall have the meanings indicated:
- JUVENILE or MINOR
- Any person under the age of 18 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.
- 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 area, public transportation facilities, public building or area.
- 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, for pedestrian travel. The term "street" shall include the legal right-of-way, including, but not limited to, the cartway or traffic lanes, curb, the 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" shall apply 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.
- TIME OF NIGHT
- Time of night shall be based upon the prevailing standard of time, whether Eastern standard time or Eastern daylight savings time, generally observed as that hour by the public in the Township, prima facie, time then observed in the Township administrative offices and police headquarters.
[Amended by Ord. No. 1992-11]
The Township Council hereby determines that curfew is necessary to further the public health, safety, morals and general welfare of the Township and specifically to further the following Township interests:
The reduction in the incidence of juvenile criminal activity.
The protection of the public from nocturnal mischief by minors.
The enforcement of parental control of and responsibility for their children.
Protection of the younger children from each other and from other persons on the streets during the nighttime hours.
[Amended by Ord. No. 1992-11; Ord. No. 1997-6]
It shall be unlawful for any juvenile under the age of 18 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, either on foot or by any form of conveyance, after the hours of 10:30 p.m. and before 5:00 a.m., except on October 30 and October 31, commonly known as Mischief Night and Halloween, when the hours shall be between 10:00 p.m. and 5:00 a.m., and on Fridays and Saturdays, when the hours shall be between 11:59 p.m. and 5:00 a.m., all prevailing time.
It shall be unlawful for any juvenile to trick-or-treat on October 31, Halloween, after the hour of 9:00 p.m.
A person under the age of 18 years shall not be considered in violation of this curfew under the following circumstances:
When accompanied by a parent of such juvenile.
When accompanied by an adult authorized by a parent of such juvenile to take the parent's place in accompanying the juvenile for a designated period of time and purpose within a specified area.
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 fide reason for such exercise by first delivering a written communication to the person designated by the Chief of Police to receive such information at the municipal building. Such communication shall be delivered 24 hours in advance and shall:
Be signed by the juvenile and countersigned by a parent of the juvenile.
Include their home address and telephone number.
Specify when, where and in what manner the juvenile will be on the street at night, during hours when the curfew is otherwise applicable to the minor, in the exercise of the First Amendment rights specified in the communication.
In the case of emergency or reasonable necessity for a juvenile to be on the street, the juvenile's parent shall communicate 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.
When the juvenile is on the sidewalk or place where he or she resides, or on the sidewalk of either next door neighbor unless such neighbor communicates an objection to the police officer or to the neighbors.
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.
When returning home by a direct route from the juvenile's lawful and gainful employment, provided 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.
When the juvenile is, with parental consent, in a motor vehicle for the purpose of direct interstate or intrastate movements along major routes through Delran Township and such travel begins or ends in Delran Township.
When the parent, guardian, or legal custodian of the juvenile has given the juvenile permission to participate in any legitimate activity, which shall include participating in sporting events, going to the movies, or visiting friends or relatives, and the child is actively engaged in the pursuit of or going to or returning from said legitimate activity.
[Added 4-7-2015 by Ord. No. 2015-3]
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" shall include knowledge which a parent should reasonably be expected to have concerning the whereabouts of the juvenile in that parent's legal custody. This chapter 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, conduct or whereabouts of such juvenile.
If a police officer reasonably believes that a juvenile is on the streets or public place in violation of this chapter, the officer shall notify the juvenile that he or she is in violation of these provisions and shall require the juvenile to provide his or her name, address and telephone number and information on how to contact his or her parents or guardians. The juvenile shall then be taken to police headquarters 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 this chapter shall be made. Such record shall include the name and address of the juvenile, the names and addresses of all persons who have any legal or moral obligation for the juvenile's well-being, and the nature of such obligation, as, for example, parent, guardian or custodian.
When a parent or guardian has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall then 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 that, in accordance with police regulations, approved in advance by 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 by certified mail.
If, after the warning notice of a first violation by the juvenile, a parent violates § 123-7 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. For each subsequent offense by a parent, the fine shall be increased by an additional $50, up to $250. The Municipal Judge, upon finding a parent guilty, shall sentence the parent to pay this fine and the costs of prosecution.
Any juvenile who violates 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 or her designee, may proceed to file such charges with the Burlington County Juvenile and Domestic Relations Court, as he may deem appropriate.