[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 6-29-2012 by Ord. No. 2012-07; amended in its entirety 8-3-2016 by Ord. No. 2016-15. Subsequent amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 78, Curfew, adopted 10-23-1942; amended in its entirety 5-17-2006 by Ord. No. 2006-06.
The Borough of Longport finds and declares that children who are left unsupervised during the overnight hours may be exposed to the most detrimental influences in society and that the allure of the rampant drug counterculture, the potential for involvement in criminal activity and other potential threats to the physical and mental health and welfare of children justify governmental action in furtherance of the protection of one of the most fragile and easily influenced segments of our society.
The Borough of Longport further finds and declares that it is in the best interest of society to encourage family unity; to encourage the family unit to provide for the care, protection and wholesome mental and physical development of children; to encourage the supervision of children by their parents and guardians; and to encourage communication between them.
The Borough of Longport further finds and declares that because of the peculiar vulnerability of children, their inability to make critical decisions in an informed, mature manner and the importance of the parental role in child rearing, it is appropriate to enact this chapter to protect children from the dangers of the streets and to encourage the deepening of familial relationships.
The following definitions, as used in this chapter, apply:
- 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.
- An individual who is under the age of 18 years.
- PUBLIC RIGHT-OF-WAY
- A public street, alley, sidewalk, park or any property controlled by the municipality.
It shall be and is hereby declared to be unlawful for any juvenile to be or remain in or upon a public right-of-way Sunday through Saturday between the hours of 11:00 p.m. and 5:00 a.m. of the following day. The provisions of this section shall not apply to a juvenile accompanied by his or her parent, guardian or other adult person having the care and custody of said juvenile, where the juvenile is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of said juvenile, where the juvenile is engaged in gainful employment or where the juvenile has the permission of the juvenile's parent, guardian or other adult person having the care and custody of said juvenile to be in such public right-of-way.
For a first violation of this offense, a person may be subject to a fine of up to $1,000 and/or up to 90 days of community service, in the discretion of the Municipal Court Judge. For a second or subsequent offense, a person who violates this chapter may be subject to a fine of up to $1,000 and/or community service of up to 90 days, in the discretion of the Municipal Court Judge.
The Chief of Police shall have the power to waive the time requirements of this chapter at any time due to existing conditions.