[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn 8-12-1975 by Ord. No. 12-75. Amendments noted where applicable.]
The Borough Council of the Borough of Oaklyn does specifically find and determine that a substantial number of incidents involved in the violation of public peace are committed by minors and in a significant part are occasioned by the failure of the parent of the minor to exercise reasonable control and supervision over said minor. There presently exists in the State of New Jersey certain statutes which do afford a means whereby parents are alerted to the responsibilities to both the minor and to society in general, and it is the legislative judgment of the Council, after investigation of all the facts, that supplemental local legislation is desirable and necessary to accomplish and enforce effective parental control and responsibility over minors. It is this void that this chapter is intended to fulfill pursuant to N.J.S.A. 40:48-1.
As used in this chapter, the following terms shall have the meanings indicated:
- A VIOLATION OF THE PUBLIC PEACE
- Defacing, damaging or destroying public property or the private property of another within the Borough of Oaklyn; committing an assault or assault and battery upon another in the Borough; or consuming and/or possessing alcoholic beverages and/or harmful drugs in a public place in the Borough.
- Any person under the age of 18 years.
- Includes either or both parents of a minor, the legal guardian of such minor or other persons having the care or custody of the minor committing the violation of the public peace. In order to sustain a conviction under this chapter it shall not be necessary to prove that the minor resided in or with the offending parent.
An offense by a parent shall be rebuttably presumed pursuant to § 95-4 of this chapter when the following events occur: If a minor has been convicted before a court of competent jurisdiction of an act defined as juvenile delinquency or a juvenile offense, which conviction the parents shall be rebuttably presumed to have knowledge of, and such minor shall again be charged and subsequently convicted of the same classification of offense, then, and in that event, it shall be rebuttably presumed that the parent allowed, permitted and suffered said minor to commit a violation of the public peace.
It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage such 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.
Any parent who shall violate the terms of this chapter shall, upon conviction thereof, be subject to punishment by a fine not exceeding $500 or imprisonment not exceeding 90 days, or both, in the discretion of the court.