[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 12-20-2006 by Ord. No. 06-22. Amendments noted where applicable.]
The Borough of Seaside Heights defines and declares that the purpose of this chapter is to protect and preserve the health, safety and welfare of the residents of the Borough, including its children and property, by setting a seasonal curfew on all children under 17 years of age during that period when the Borough's police force is reduced and many Borough businesses are not in operation.
As used in this chapter, the following terms shall have the meanings indicated:
- CULTURAL, EDUCATIONAL, AND SOCIAL EVENTS SPONSORED BY A RELIGIOUS OR COMMUNITY-BASED ORGANIZATION
- Activities sponsored by a religious or community-based organization. In no case shall this phrase include travel on the streets which is not directly related to such activity or to the juvenile's attendance of same.
- ERRANDS INVOLVING MEDICAL EMERGENCIES
- An action by a juvenile requiring the juvenile to obtain medical assistance or supplies necessary to prevent or treat serious injury to the juvenile or another person.
- EXTRACURRICULAR SCHOOL ACTIVITIES
- Activities taking place between the hours of 10:00 p.m. and 5:00 a.m. which are either held at, or sponsored by, a school or conducted in the company of school personnel. In no case shall this phrase include travel on the streets which is not directly related to the extracurricular school activity or to the juvenile's attendance of same.
- Any person, other than a parent, to whom legal custody of the juvenile has been given by court order, or who presents written proof that he or she, at the relevant moment, has been given responsibility for the care and welfare of the juvenile by the juvenile's parent.
- Any individual who is under the age of 17 years.
- 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 or shopping area, public transportation facility, vehicle used for public transportation, parking lot, beach, boardwalk or any other public building, structure or area.
- RELIGIOUS OR COMMUNITY-BASED ORGANIZATION
- An incorporated or unincorporated organization organized and operated for any of the following purposes: charitable, religious, educational, scientific, literary or the fostering of sports, music, artistic or theatrical skills.
No juvenile under 17 years of age shall be permitted on any public street or in any public place between the hours of 10:00 p.m. and 5:00 a.m. during the period beginning October 15 and continuing through and ending on March 15 of each year, unless accompanied by the juvenile's parent or guardian, or unless engaged in, or traveling to or from a business or occupation which the laws of this state, including, but not limited to, N.J.S.A 34:2-21.2, authorize a juvenile to perform.
It shall be unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or in any public place between the hours prohibited by this chapter. The parent or guardian of the juvenile shall be notified by the local police of any charge made against the juvenile for a violation of the provisions of this chapter. Any parent or guardian who knowingly allows a juvenile in his or her legal custody to be in, on or about any public street or other public place between the hours of 10:00 p.m. and 5:00 a.m., except as specified in § 72-4, shall be in violation of this chapter.
A juvenile shall be permitted to engage in errands involving medical emergencies and, if carrying written permission from a parent or guardian, to attend extracurricular school activities, and cultural, educational, and social events sponsored by a religious or community-based organization during the hours otherwise prohibited by this chapter.
The provisions of this chapter shall be specifically enforced as they are set forth in this chapter by the local police department. The enforcing officer shall have no discretion as to the enforcement of this chapter.
Any juvenile or any parent or guardian of a juvenile violating or failing to comply with any of the provisions of this chapter shall be required to perform community service for not to exceed 90 days and may be subject to a fine of up to $1,000. If both a juvenile and the juvenile's parent or guardian violate the provisions of this chapter, they shall be required to perform community service together. Such community service shall not exceed 90 days.