For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given here. When not consistent
with the context, words used in the present tense shall include the future,
words in the plural number include the singular and words in the singular
number include the plural. The word "shall" is always mandatory and not merely
directory.
EMERGENCY
Any unforeseen combination of circumstances or the resulting state
that calls for immediate action. The term includes, but is not limited to,
a fire, natural disaster or automobile accident or any situation requiring
immediate action to prevent serious bodily injury or loss or life.
PARENT
Any person having legal custody of a juvenile as a natural or adoptive
parent, as a legal guardian, or as a person to whom legal custody has been
given by court order.
PUBLIC PLACE
Any place to which the public or a sustained group of the public
has access and includes, but is not limited to, streets, common areas of schools,
shopping centers, parking lots, parks, playgrounds, transportation facilities,
theaters, restaurants, shops, bowling alleys, cafes, arcades and similar areas
that are open to the use of the public.
REMAIN
To stay behind, to tarry and to stay unnecessarily in a public place
in which any juvenile involved would not be using the streets for ordinary
or serious purposes such as mere passage or going home, or to fail to leave
the premises of an establishment when requested to do so by a police officer
or operator of an establishment. To implement this provision with additional
precision and precaution, numerous exceptions are expressly defined in this
chapter.
TOWNSHIP
The Township of Haddon, County of Camden, State of New Jersey, with
administrative offices at 135 Haddon Avenue, Haddon Township, New Jersey 08108.
It shall be unlawful for any person under 17 to be or remain in or upon
a public place within the Township of Haddon during the period ending at 6:00
a.m. and beginning:
A. At 12:00 midnight, prevailing time, on Friday and Saturday
nights; and
B. At 11:00 p.m. prevailing time, on all other nights; except
C. At 10:00 p.m., prevailing time, on October 30 (commonly
known as "Mischief Night") and 10:00 p.m., prevailing time, on October 31
(commonly known as "Halloween").
The following shall constitute valid exceptions to the operation of
this chapter:
A. When a juvenile is accompanied by a parent of such juvenile,
or 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.
B. When the juvenile is on an errand involving a medical
emergency as directed by a parent of such juvenile.
C. When a juvenile is 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, by carrying upon his
or her person a writing signed by the juvenile and countersigned by a parent
of the juvenile with their home address and telephone number, specifying when,
where and in what manner the juvenile will be in a public place during hours
when this chapter is applicable to said minor in the exercise of the First
Amendment right specified in such writing.
D. 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.
E. When a juvenile is returning home by a direct route (without
any unnecessary detour or stop) from and within one hour of the termination
of a school activity or any activity of cultural, educational or social event
sponsored by a religious or community-based organization.
F. When the juvenile is legally employed and is traveling
to, or returning home from, by a direct route, the juvenile's place of employment.
G. When the juvenile is, with parental consent, engaged
in normal interstate travel through the Township or originating or terminating
in the Township.
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 remain
in any Township public place under circumstances not constituting an exception
to, or otherwise beyond the scope of, this chapter. The term "knowingly" includes
knowledge that a parent should reasonably be expected to have concerning the
whereabouts of a juvenile in the parent's legal custody. This requirement
is intended to hold a neglectful or careless parent up to a reasonable community
standard of parental responsibility through an objective test. It shall, therefore,
be no defense that a parent was completely indifferent to the activities or
conduct or whereabouts of such juvenile.
The Board of Commissioners shall continue its evaluation and updating
of this chapter through methods including but not limited to the following:
A. Within six months after the implementation of this chapter,
and periodically thereafter, the Chief of Police shall provide the Board of
Commissioners with a report containing the number of warnings issued and arrests
of juveniles and parents hereunder and such other information as the Board
of Commissioners may request.
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 Police Department in order that the public
may be constantly informed of the existence of this chapter.