[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:
Includes any of the following acts: defacing, damaging or
destroying public property or private property of another within the
Township of Pemberton; or committing criminal mischief as that term
is defined under Title 2C of the New Jersey Statutes; or using bicycles,
dirt bikes, all-terrain vehicles or other vehicles used for transportation
to threaten or harass any pedestrian, cyclist or motor vehicle operator;
or engaging in any threatening or harassing behavior toward any patron
or municipal employee, including any municipal volunteer or employee
of the school district, 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;[1] or juvenile delinquency based upon any of the above offenses.
[Amended 7-13-2022 by Ord. No. 15-2022]
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.
[1]
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.
