The following terms used in this chapter are defined as follows:
GUARDIAN
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.
JUVENILE
An individual who is under the age of 18 years.
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 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 person to be or remain on or upon any public
place within the Borough of Folsom between the following hours:
A. Beginning at 11:00 p.m. on Friday and Saturday nights
and extending until 5:00 a.m. on the following day.
B. Beginning at 10:00 p.m. on all other nights and extending
until 5:00 a.m. the following day.
A juvenile on the street during the hours referred to in the previous
section 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 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 such exercise, provided that the juvenile has in
his or her 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, specifying when, where and in what manner the juvenile
will be on the streets at night during hours when 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, provided that the juvenile has in his or her 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
remaining on 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 juvenile 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 Borough-sponsored activity or an activity of a
religious or other voluntary association, provided that the juvenile has in
his or her 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 juvenile 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 Borough of Folsom and interstate travel beginning or ending in the Borough
of Folsom.
H. When engaged in or traveling to or from a place of employment.
I. When engaged in an errand involving a medical emergency.
Upon charging a juvenile with violation of this chapter, notice of the
same shall be given, in writing, by the police to the juvenile's parent or
guardian, which notice shall be sent by certified mail, return receipt requested,
and by regular mail. If at any time within 30 days following the giving of
notice as provided herein the juvenile to whom such notice related or applied
is again charged, and upon such charge is subsequently convicted of a violation
of the curfew provisions of this chapter, it shall be rebuttably presumed
that the juvenile committed such subsequent violation with the knowledge,
allowance, permission or sufferance of the parent or guardian of such juvenile,
and the parent or guardian shall thereupon be charged with a violation of
this chapter.
Any person found in violation of this chapter shall be subject to a
fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination thereof.
If both a juvenile and the juvenile's parent or guardian violate such chapter,
they shall be required to perform community service together.
This chapter shall be liberally construed to effectuate the purpose
and intent of P.L. 1992, c. 132 (N.J.S.A. 40:48-2.52).