[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.]
GENERAL REFERENCES
Peace and good order — See Ch. 235.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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 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:
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.
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:
A.
When accompanied by a parent of such juvenile.
B.
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.
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 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:
(1)
Be signed by the juvenile and countersigned by a parent
of the juvenile.
(2)
Include their home address and telephone number.
(3)
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.
D.
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.
E.
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.
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 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 Delran Township and such travel begins
or ends in Delran Township.
I.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.[1]
C.
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.
