[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Gibbsboro 9-26-2001 by Ord. No. 2001-6.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The parent of the juvenile, 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.
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.
No child under the age of 18 years shall be on the streets, alleys, parks or other public places or in any theater or other public place of amusement or recreation within the Borough of Gibbsboro after the hour 10:00 p.m. to 6:00 a.m. Sunday through Thursday, and 11:00 p.m. until 6:00 a.m. on Friday and Saturday, unless accompanied by his parent, guardian or other adult person having the care, custody or control of the minor. This subsection shall not apply to school grounds or buildings under the control of the Gibbsboro Board of Education, which shall be covered in Subsection B.
B.
Special hours for school grounds and buildings. No one,
including adults, shall be permitted to enter or remain upon any school grounds
or buildings under the control of the Gibbsboro Board of Education within
the Borough of Gibbsboro without permission of said Board or authorized representative
from 6:00 p.m. to 6:00 a.m. These curfew hours shall be in effect each day
of the week, including Friday and Saturday. In furtherance of this subsection,
the Gibbsboro Board of Education shall post and maintain a notice against
such trespass in a manner prescribed by law or as reasonably likely to come
to the attention of intruders.
C.
It shall be unlawful for a juvenile of any age under 18 years
within the discretion of the municipality to be in any public place during
the hours when the juvenile is required to be in attendance at either a public
or nonpublic school unless the juvenile is accompanied by a parent or guardian
or is carrying written permission from the juvenile's educational authority
allowing the juvenile to be in a public place.[1]
No parent, guardian or other person having the care, custody or control of a child shall permit the child to loiter upon or be in any street, alley, park, school grounds or buildings or other public place, contrary to the provisions of § 139-2.
If any minor under the age of 18 years should be apprehended for violating
the provisions of this chapter, a police officer of the Borough shall notify
the parents, guardian or other person having the care, custody or control
of the minor of his detention and may, if deemed advisable, make such further
inquiry or take such action concerning the presence of the minor in or upon
the public or quasi-public places as may seem advisable.
The provisions of this chapter shall not be applicable to any minor
under the age of 18 years during the time necessarily required for such minor
to travel to his residence from:
A.
A place of employment at which the minor may be gainfully
employed.
B.
A school or place of instruction at which the minor may
be in bona fide attendance.
C.
A place at which a function may be held that shall be
or had been sponsored by a religious, school, civic or other properly supervised
event or program.
D.
A place at which a bona fide, supervised, social meeting,
gathering or assemblage had taken place.
Should an emergency arise necessitating a minor child under the age
of 18 years to be dispatched upon an errand requiring his presence in or upon
a street or automobile or in any public or quasi-public place during the curfew
hours, he shall have in his possession a note signed by the parent, guardian
or other person having custody, care or control of such minor child, stating
the nature of the errand, the necessity therefor and place to which he is
to go, the time the note was issued and the time required for the errand.
The abuse of the provisions of this section shall constitute a violation of
the provisions of this chapter.
If it is established that any minor under the age of 18 years has violated
the provisions of this chapter, then it shall be presumed, in the absence
of proof to the contrary, that the parent or other adult person having the
care, control or custody of the minor knowingly permitted him to do so.
Any violations of this chapter shall be prosecuted in the Gibbsboro Municipal Court. Upon finding of guilt, the municipal court shall impose a sentence as provided in Chapter 1, Article I, General Penalty. If both a juvenile and that juvenile's guardian violate this chapter, they shall be required to perform community service together.
