[HISTORY: Adopted by the Township Committee of the Township of Mansfield
10-7-1974 by Ord. No. 1974-8. Amendments noted where applicable.]
The Township Committee does specifically find that far too many minors
are committing breaches of the public peace, which, in significant part, is
occasioned by a failure of the parent of the minor. Although the existing
statutes do afford a means to alert parents to their responsibilities to both
the minor and society in general, it is the considered opinion and legislative
judgment of the Committee that further legislation is necessary to accomplish
effective parental control and supervision. This chapter, pursuant to N.J.S.A.
40:48-1, is intended to fill this void.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any of the following acts: defacing, damaging or destroying
public property or the private property of another, within the Township of
Mansfield; committing an assault, or assault and battery upon another in the
Township; consuming and/or possessing alcoholic beverages in a public place
in the Township; breaking and entering or entering without breaking into the
property of another with the intent to steal; threatening another with the
intention of extorting money or anything of value; possession and/or use of
a controlled dangerous substance as the same shall be defined under Title
24 of the Revised Statutes of New Jersey; or juvenile delinquency based upon
any of the above offenses.
In order for a parent to violate § 34-3 of this chapter, utilizing the terminology "allow," "permit" or "suffer," where a minor is apprehended and convicted of a violation of the public peace, the Township Clerk of the Township or his designated agent shall forthwith serve written notice of the act and conviction on the parent. If at any time within 180 days of the giving of such notice such minor shall again be charged and thereafter be subsequently convicted of the same classification of a violation of the public peace, it shall be rebuttably presumed that the parent allowed, permitted or suffered said minor to commit a violation of the public peace.
Any person under the age of 18 years.
Includes either or both parents of a minor, the legal guardian(s)
of such minor or any other person(s) having the care or custody of the minor
committing the violation of the public peace. However, the term "parent" shall
not apply to parents, legal guardians or other persons whose custody and control
over such minor has been removed by court order, decree or judgment or military
service or marriage of such minor.
It shall be unlawful for any parent to assist, aid, abet, allow, permit,
suffer or encourage a minor to commit a violation of the public peace, as
defined herein, either by overt act, by failure to act or by lack of supervision
and control over such minor.
[Amended 5-5-1988 by Ord.
No. 1988-11]
Any parent who violates the terms of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $1,000 or to imprisonment in the
county jail for a term not exceeding 90 days or to a period of community service
not exceeding 90 days, or to such combination of punishments as the Municipal
Judge may, in his or her discretion, deem appropriate and just.
The remedy provisions of this chapter shall be cumulative, not exclusive,
and the state or any other person shall have the right to proceed under any
other legally available remedies.
All ordinances or parts of ordinances which are inconsistent with the
provisions of this chapter are, to the extent of such inconsistency, hereby
repealed.
If any section or portion of any section of this chapter shall be held
to be invalid for any reason, such invalidity shall not affect the validity
of the remaining sections or portions of sections of this chapter.
This chapter shall take effect immediately upon final passage, adoption
and publication in the manner prescribed by law.
This chapter shall become a part of the Code of the Township of Mansfield
in accordance with the provisions therein contained.
