[HISTORY: Adopted by the Township Committee of the Township of Shamong
5-1-2001 by Ord. No. 2001-2. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — see Ch. 131.
A.
The Township Committee of the Township of Shamong hereby
finds there has been a significant breakdown in the supervision normally provided
by certain parents and guidance for juveniles under 18 years of age resulting
in juveniles being involved in a wide range of unacceptable behavior, including
vandalism, littering and destruction of school property, mail boxes and lamp
posts.
B.
The Township Committee has received letters from the
Shamong Township Board of Education's Business Administrator and Supervisor
of Buildings and Grounds citing incidents of vandalism. These letters support
the adoption of a curfew ordinance. The Township committee has also been told
of vandalism to Christmas displays and that children are coming to Shamong
because their Township has a curfew. The State Police Community Policing Officer
has also asked the Township Committee to adopt a curfew ordinance so the State
Police will have another tool in their efforts to reduce vandalism and loitering.
C.
The Township Committee further finds that the offensive
activities of the juveniles are not easily controlled by existing laws and
ordinances because the activities are easily concealed whenever state troopers
are present and that the establishment of reasonable curfew regulations will
enable the community to better control the free and unobstructed access to
the streets and public places by the majority of residents and will enable
the state troopers to act reasonably and fairly to prevent the violation of
laws and ordinances by juveniles.
D.
The Township Committee further finds and has determined
that a curfew would meet a very real local need and that similar curfew ordinances
in other communities have been a significant factor in minimizing the problems
outlined above which the Township Committee needs to address. A curfew in
Shamong is particularly appropriate in view of the basic residential nature
of the community and the sense of the community that there is a proper time
for the cessation of outdoor activities of juveniles. That sense of the community
is reflected in the curfew hours declared by this chapter which takes into
consideration also the hours during which the above-referenced problems usually
occur and when the juveniles seem to congregate and increase the potential
risk for such incident due to their immaturity.
E.
The Township Committee further finds that the community
is not overcrowded and has approximately 2,000 single-family residential dwellings
with few apartments. These dwellings are well designed and contain adequate
indoor living space so as to permit juveniles to appropriately occupy their
time. Commercial recreational activities are limited and during the curfew
hours established by this chapter there is little or nothing for juveniles
to do outdoors but roam the streets.
F.
Shamong is basically a family community. Parental responsibility
for the whereabouts of children is the accepted norm by a substantial majority
of the community. Legal sanctions to enforce such responsibility have had
demonstrated effectiveness in many communities over the years. The Township
Committee has determined that as parental control increases there is a likelihood
that juvenile delinquency decreases and that the establishment of a curfew
applicable to juveniles will reinforce the primary authority and responsibility
of parents and guardians over juveniles in their care and custody.
G.
The Township Committee further finds that juvenile curfew
ordinances are specifically authorized by N.J.S.A. 40:48-2.52 and that jurisdiction
over violations of those ordinances is vested in the Municipal Court. The
Township Committee further finds and determines that penalties on the juvenile
and on the parent in the nature of fines and community service are appropriate
and necessary.
As used in this chapter, the following terms shall have the meanings
indicated:
An individual who is under the age of 18 years.
A person, other than a parent, to whom legal custody of the juvenile
has been given by court order or who is acting in the place of the parent
or is responsible for the care and welfare of the juvenile.
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 or any other public building, structure
or area.
A.
No child under the age of 18 years shall be or remain
in or upon the public places within the Township of Shamong between the hours
of 12:00 midnight and 6:00 a.m. prevailing time, either on foot or in or upon
any type of conveyance, unless such child is accompanied by his or her parent
or guardian.
B.
A child under the age of 18 years shall not be considered
in violation of this chapter under the following circumstances:
(1)
When the child is engaged in extracurricular school activities;
or errands involving medical emergencies; and to attend other cultural, educational
and social events sponsored by religious or community based organizations.
(2)
When the child is in front of property of the place where
he or she resides, or in front of the property of either next door neighbor
unless such neighbor communicates an objection to the police officer or to
the neighbors.
(3)
When traveling to or from home by a direct route to or
from a business or occupation which the laws of this state authorize a juvenile
to perform.
(4)
When the child is, with parental consent, in a motor
vehicle for the purpose of direct interstate or intrastate movements along
routes through Shamong Township.
No parent or guardian of a child under the age of 18 years shall allow
or permit an unaccompanied juvenile to be on any public street or in any public
place in the Township of Shamong between the hours of 12:00 midnight and 6:00
a.m., except as specified in this chapter.
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, or both.
B.
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.
