§ 134-4Violations and penalties.
§ 134-5Report by Administrator.
For the purpose of this chapter, the following terms shall be defined to mean:
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
- 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 who is responsible for the care and welfare of the juvenile.
- An individual who is under the age of 17.
- A person who is:
- PUBLIC PLACE
- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation, athletic or shopping area, apartment houses, office buildings, shops, commercial/retail establishment, public transportation facility, vehicle used for public transportation, parking lot, common area of schools, medical facilities, or any other public building, structures or areas.
- Linger or stay, or fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of premises.
- SERIOUS BODILY INJURY
- Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
It shall be unlawful for juveniles to be in any public place during curfew hours as defined in § 134-1 unless accompanied by a parent or guardian. This prohibition does not apply if said juvenile is:
Engaged in, or traveling to or from, a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform;
On an errand at the direction of the minor's parent or guardian;
In a motor vehicle involved in interstate travel;
Involved in an emergency;
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
Attending religious services, extracurricular school activities, activities sponsored by a religious or community organization or other cultural, educational or social events or is in direct transit to or from such events;
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; or
Married or had been married or had disabilities of minority removed.
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense as provided in § 134-2A(1) through (8).
Any person found guilty of having violated § 134-2 of this chapter shall be subject to the penalties provided in Chapter 1, Article I, General Penalty. A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.
Within six months after the initial enforcement of this chapter, the Borough Administrator shall review this chapter and report and make recommendations to the Mayor and Council concerning the effectiveness of and the continuing need for this chapter. The Borough Administrator's report shall specifically include the following information: