[HISTORY: Derived from Section 4-10 of the 1972 Revised General Ordinances,
as amended through 10-1-1998. Subsequent amendments noted where applicable.]
This chapter shall be known and may be referred to as the "Curfew Ordinance."
For the purposes of the Curfew Ordinance, the following terms, phrases,
words and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular and words in the singular
number include the plural. The word "shall" is mandatory and not merely directive.
Any person under the age of 18 years.
Any person having custody of a minor as a natural or adoptive parent,
as a legal guardian, as a person who stands in loco parentis, or as a person
to whom physical custody has been given by order of court.
To stay behind, to tarry and to stay unnecessarily upon the streets
in which any minor involved would not be using the streets for ordinary or
serious purposes such as mere passage or going home.
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 thereof, for pedestrian travel. The term "street" includes the legal
right-of-way, including but not limited to the cartway of traffic lanes, the
curb, the sidewalks, whether paved or unpaved, and any grassplots or the grounds
found within the legal right-of-way of a street. The term "street" applies
irrespective of what it is called or formally named, whether alley, avenue,
court, road or otherwise.
As referred to herein, is based upon Eastern standard time.
The Township of Hardyston, Sussex County, New Jersey, with administrative
offices at 29 Stockholm-Vernon Road, Stockholm, NJ 07460.
Continues from one birthday, such as the 17th, to (but not including
the day of) the next, such as the 18th birthday, making it clear that 17 or
fewer years of age is herein treated as equivalent to the phrase "under 18
years of age."
It shall be unlawful for any minor to be or remain in or upon the streets
within the township each year during the following periods of time:
In the following exceptional cases, a minor on the township street during the hours set forth in § 77-3 shall not be considered in violation of the Curfew Ordinance:
A.
When accompanied by a parent of such minor;
B.
When accompanied by an adult authorized by a parent of
such minor to take said parent's place in accompanying said minor;
C.
When exercising rights protected by the United States
Constitution or its amendments, such as the free exercise of religion, freedom
of speech and the right of assembly. The minor shall first deliver to the
Police Department at the Township Municipal Building at 29 Stockholm-Vernon
Road a letter signed by such minor and countersigned by a parent of such minor
stating their home address, telephone number and specifying where and in what
manner the minor will be on the streets during hours when the Curfew Ordinance
is otherwise applicable;
D.
In the case of reasonable necessity as determined by
the Chief of Police or his or her designee, but only after such minor's parent
has written to the Township Police Department stating their name, address,
telephone number and the facts establishing such reasonable necessity and
specifying streets and times for the described purpose including points of
origin and destination;
E.
When the minor is directly in front of the place where
such minor resides or directly in front of either next door neighbor, if this
neighbor does not object to the minor's presence;
F.
When proceeding by a direct route to or from home, work,
a school activity or an activity of religious or other voluntary association,
provided that it is within 1/2 hour of the start or end of the work or activity;
G.
When authorized by the Chief of Police or his or her
designee when necessary night time activities of a minor may be inadequately
provided for by other provisions of this chapter;
H.
When the minor is in a motor vehicle engaged in normal
travel and with parent's consent, or if the minor is engaged in interstate
travel.
It shall be unlawful for a parent of a minor knowingly to permit or,
by inefficient control, to allow such minor to be or remain upon any township
street in violation of this Curfew Ordinance. The term "knowingly" includes
knowledge which a parent should reasonably be expected to have concerning
the whereabouts of a minor in that parent's custody.
A.
A police officer of the township upon finding or having
attention called to any minor on the streets in prima facie violation of the
Curfew Ordinance normally shall take the minor to the Township Police Department
office, where a parent shall immediately be notified to come for such minor,
or at the officer's discretion may deliver the minor to the minor's home.
In the absence of convincing evidence, such as a birth certificate, a police
officer shall in the first instance use his or her best judgment in determining
age.
B.
When a parent has taken charge of the minor and the identity,
address and age of the minor and the identity and address of the minor's parents
have been recorded, the minor shall be released to the custody of such parent.
If the parent cannot be located or fails to take charge of the minor, then
the minor shall be temporarily entrusted to a relative, neighbor or other
person who will on behalf of a parent assume responsibility of caring for
the minor pending the availability or arrival of a parent.
C.
In the case of a first violation by a minor, the Chief
of Police shall send to a parent written notice of said violation with a warning
that any subsequent violation will result in full enforcement of the Curfew
Ordinance.
Penalties for a violation of this chapter shall be the following: a
fine up to $1,000 and community service. If both the juvenile and the juvenile's
parent or guardian violate this chapter, they may be required to perform community
service together.
