For the purposes of this chapter, 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 always mandatory and not merely directory.
EMERGENCY
An 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 of 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 substantial 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 the 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 Moorestown, New Jersey, with administrative
offices at 111 West Second Street, Moorestown, New Jersey 08057.
It shall be unlawful for any person under 17
to be or remain in or upon a public place within the Township of Moorestown
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 8:30 p.m., prevailing time, on October 30 (commonly
known as "Mischief Night") and at 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 a 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 an activity of a 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 that 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.
[Amended 11-30-2015 by Ord. No. 25-2015]
The Township Council shall continue its evaluation
and updating of this chapter through methods, including but not limited
to within six months after the implementation of this chapter and
periodically thereafter, the Chief of Police shall provide the Township
Council with a report containing the number of warnings issued and
arrests of juveniles and parents hereunder and such other information
as the Township Council may request.
Notice of the existence of this chapter and
of the curfew regulations established by it shall be posted in, on
or about such public or quasi-public places as may be determined by
the Township Manager or the Police Department in order that the public
may be constantly informed of the existence of this chapter.