[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton 3-5-1975 as Section 14:5 of Ch. XIV of the General Ordinances. Section 138-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The Township Council 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 Council 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:
- A VIOLATION OF THE PUBLIC PEACE
- Includes any of the following acts: defacing, damaging or destroying public property or private property of another within the Township of Pemberton; or committing an assault and battery upon another in the township; or consuming and/or possessing alcoholic beverages in a public place in the township; or breaking and entering or entering without breaking into the property of another with the intent to steal; or threatening another with the intention of extorting money or anything of value; or possession and/or use of a controlled dangerous substance, as same shall be defined under Title 24, New Jersey Statutes Annotated; or juvenile delinquency based upon any of the above offenses.
- 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.
Editor's Note: For the definition of "controlled dangerous substance," see N.J.S.A. 24:21-2.
In order for a parent to violate § 138-4, utilizing the terminology "allow," "permit" or "suffer," where a minor is apprehended and convicted of a violation of the public peace, the Chief of Police 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 240 days of the giving of such notice, such minor shall again be charged and thereafter be subsequently convicted 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.
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 8-17-1984 by Ord. No. 14-1984; 11-2-1984 by Ord. No. 26-1984]
Any parent who shall violate the terms of this chapter shall, upon conviction thereof, be subject to punishment by a fine not exceeding $1,000 or imprisonment for not more than 90 days, or both, in the discretion of the court.
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.
[Added 2-4-1993 by Ord. No. 1-1993]
The Municipal Police Department is the enforcement agent for this chapter.