[HISTORY: Adopted by the Town Board of the Town of Phillipsburg 10-24-1978 by Ord. No. O:78-25; amended in its entirety by the Town Council 12-6-1994 by Ord. No. O:94-39 (Ch. 18A of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 428.
No child under the age of 18 years shall be upon any of the public streets, highways, alleys, parks or other public places of the Town, between the hours of 10:00 p.m. and 6:00 a.m., either on foot or in or upon any type of conveyance, unless such child is accompanied by his or her parent, guardian or other person having legal care or custody of such child or is accompanied by a responsible person of good repute over 18 years of age. School, civic, church, employment, legitimate social functions supervised by adults or errands involving medical emergencies shall be exempted from this section.
No parent, guardian or other person having the legal care or custody of a child under the age of 18 years shall allow or permit any such child to go or be in or upon any of the public streets, highways, alleys, parks or other public places of the Town of Phillipsburg between the hours of 10:00 p.m. and 6:00 a.m., except as specified in § 242-1 of this chapter or unless reasonable necessity can be shown therefor.
[Added 5-1-2007 by Ord. No. O:2007-08]
No child over the age of five years and under the age of 18 years shall remain in or upon any public place or establishment outside any school grounds between the hours of 9:00 a.m. and 2:00 p.m. every Monday through Friday while school is in session during the school year.
[Added 5-1-2007 by Ord. No. O:2007-08[1]]
In the following cases, a student shall not be considered in violation of § 242-3:
A. 
During a verified excused absence.
B. 
During an approved early dismissal from school.
C. 
When the student is enrolled in a verified and approved work-experience program.
D. 
When the student is officially removed from the school register.
E. 
Parochial and private school students who have different school hours or different holiday and vacation schedules during times while those schools are not in session.
[1]
Editor's Note: This ordinance also provided for the redesignation of §§ 242-3 and 242-4 as §§ 242-5 and 242-6, respectively.
The police, upon finding a child under the age of 18 years in or upon any of the public streets, highways, alleys, parks or other public places of the Town in violation of any of the provisions of this chapter, shall take the name and address of the parent, guardian or other person having the legal care or custody of such child, send such child home and make report of the same to the Police Chief within 24 hours; whereupon the Police Chief shall send, via personal service by a member of the Department to said parent, guardian or legal custodian of such child, a written notice of the first violation of this chapter informing such parent, guardian or legal custodian that, unless the terms of this chapter are complied with in the future, the penalty therefor will be invoked against such parent, guardian or legal custodian of such child.
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be required to perform community service and may in addition be subject to a fine not to exceed $1,000. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. If both a person under 18 years of age and his or her parent or guardian violate this chapter, they shall be required to perform community service together.
B. 
Upon the violation of any of the provisions of this chapter by any person under 18 years of age, any member of the Police Department concerned therewith shall determine whether, in his or her discretion, a complaint should be made to the Juvenile and Domestic Relations Court of the County of Warren. In any event, should such person become a repeated violator of the provisions of this chapter, as reflected upon the records of the Police Department, then a complaint shall be transmitted to the Juvenile and Domestic Relations Court for such action as that Court, in its discretion, may deem proper.