Borough of Haledon, NJ Chapter 152 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of Haledon 3-9-1994 by Ord. No. 1-12-94 (Ch. 92 of the 1984 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Graffiti — See Ch. 198.

Parks and recreation areas — See Ch. 262.

Peace and good order — See Ch. 270.

§ 152-1 Curfew established; restrictions. [1]

A. It shall be unlawful, hereafter, for any person who has not attained his 18th birthday to loiter, idle, wander, stroll, play or remain in or upon the public streets, highways, roads, playgrounds, public buildings, places of amusement or entertainment or places of business conducted for profit to which the public is invited and all public or quasi-public places whether on foot or in any vehicle within the Borough of Haledon between the hours of 10:00 p.m. and 6:00 a.m. seven days per week; provided, however, that the provisions of this section shall not apply to any such minor when accompanied by his or her parent or parents, guardian or other adult person having custody, care or control of such minor.

B. 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] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 152-2 Parental responsibility.

It shall be unlawful for any parent, guardian or other adult person having custody, care or control of any person who has not attained the age of 18 years to knowingly permit such minor to loiter, idle, wander, stroll, play or remain in or upon the public streets, highways, roads and other public or quasi-public places with the Borough, as mentioned in § 92-1, following the adoption of this chapter.

§ 152-3 Action upon apprehension of minor.

If any person who has not attained his 18th birthday should be apprehended for violating the provisions of this chapter, the Police Department of the Borough of Haledon shall notify the parents, guardian or other person having the care, custody or control of such minor of such arrest and may, if deemed advisable, make such further inquiry or take such action concerning the presence of such minor in, on or upon the public or quasi-public places, as aforesaid, as may seem advisable.

§ 152-4 Exceptions.

A. The provisions of this chapter shall not be applicable to any person who is under the age of 18 during the period of time reasonably required for such person to travel to or from his or her residence or from or to any of the following:

(1) A place of employment at which the person may be gainfully employed.

(2) A school or place of instruction at which such person may be in bona fide attendance.

(3) A place at which a function may be held that shall be or had been sponsored by a religious, school or civic organization.

(4) Errands involving medical emergencies.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) Attendance at extracurricular school activities.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(6) Participation in other cultural, educational and social events, sponsored by religious or community-based organizations during curfew hours.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. This chapter shall also not apply should any occasion arise necessitating a person under the age of 18 years to be dispatched upon an errand by his or her parent or guardian, requiring his or her presence in, on or upon a street or automobile or in any public or quasi-public place, as aforesaid, during the curfew hours herein established. The abuse of the provisions of this subsection shall constitute a violation of the provisions of this chapter punishable as hereinafter provided.

§ 152-5 Violation by person under eighteen.

Any person under the age of 18 who violates this chapter shall be treated as a juvenile offender in accordance with the laws of the State of New Jersey.

§ 152-6 Procedure upon violations.

A. Any police official, upon finding a person in violation of this chapter, shall ascertain the name and address of such person and shall warn the person that he is in violation of curfew and shall direct the person to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the parents, guardian or person having custody or control of such person.

B. If the person refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the person had been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department, and the parent, guardian or other adult person having the care and custody of such person shall be notified to come and take charge of the person.

§ 152-7 Violations and penalties; statute on delinquency.

[Amended 6-10-1998 by Ord. No. 5-13-98[1]]

Violators shall be required to perform community service and may be subject to a fine of up to $1,000. If both a juvenile and the juvenile's parent or guardian violate this chapter, they shall be required to perform community service together.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 152-8 Responsibility of parents. [1]

It shall be unlawful for the parent, guardian or other adult person having custody or control of any person under the age of 18 to suffer or permit or, by inefficient control, to allow such person to be on the streets or sidewalks or on or in any public property or public place within the Borough of Haledon between the hours of 10:00 p.m. and 6:00 a.m. on any day of the week.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 152-9 Posting of regulations.

Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in, on or at such public or quasi-public places as may be determined by the Chief of Police in order that the public may be constantly informed of the existence of this chapter and its regulations.