[Amended 7-19-2023 by Ord. No. 2023-18]
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 curfews on all children under 18 years of
age.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
GUARDIAN
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.
JUVENILE
Any individual who is under the age of 18 years.
[Amended 7-19-2023 by Ord. No. 2023-18]
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.
[Amended 7-19-2023 by Ord. No. 2023-18]
A. No juvenile under 18 years of age shall be permitted on any public
street or in any public place including the beach, boardwalk, bayfront
or recreational parks between the hours of 10:00 p.m. and 5:00 a.m.,
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.
B. 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.