[HISTORY: Adopted by the Township Council of the Township of Lower by Ord. No. 94-3 (Sec. 3-4 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Conduct — See Ch. 230.
Parental responsibility — See Ch. 459.
For purposes of this chapter, the following definitions shall be utilized:
GUARDIAN
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 of and welfare of the juvenile.
JUVENILE
An individual under the age of 18 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 or any other public building, structure or area.
[Amended 3-20-2023 by Ord. No. 2023-04]
It shall be unlawful for a juvenile to be on any public street or any public place in the Township of Lower between the following hours:
A. 
Between September 15 and May 14: 11:00 p.m. to 6:00 a.m., subject to the exceptions set forth in § 260-3.
B. 
Between May 15 and September 14: 12:00 midnight to 6:00 a.m., subject to the exceptions set forth in § 260-3.
[Amended by Ord. No. 94-15]
The provisions of § 260-2 above shall not apply under any of the following circumstances:
A. 
When the juvenile is accompanied by his or her parent or guardian.
B. 
When the juvenile is engaged in or traveling to or from a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform.
C. 
When the juvenile is engaged in an errand or errands involving a medical emergency or emergencies.
D. 
When the juvenile is in attendance at an extracurricular school activity, activity sponsored by a religious or community-based organization, or other cultural, educational or social event sponsored by religious or community-based organizations.
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 mandated in § 260-2 above, except as provided in § 260-3 above.
[1]
Editor's Note: See also Ch. 459, Parental Responsibility.
[Amended 3-20-2023 by Ord. No. 2023-04[1]]
A. 
First offense: Upon the initial occurrence of a violation of this chapter by a juvenile, the Lower Township Police Department will issue the juvenile a curbside warning. A curbside warning for a curfew ordinance violation will be documented with a case number and an entry in the curbside warning tracking system.
B. 
Second offense: Upon a second occurrence of a violation of this chapter by a juvenile, the Lower Township Police Department will issue a formal written warning to the juvenile and to the juvenile's parent and/or guardian. The issuance of a formal written warning will be documented with a case number in the curbside warning tracking system and/or curfew ordinance violation log.
C. 
Third or subsequent offense: Upon a third and/or subsequent occurrence of a violation of this chapter by a juvenile, the Lower Township Police Department will issue a formal complaint summons to the juvenile and a formal complaint summons to the parent and/or guardian of the juvenile offender. In the event a juvenile is charged with an act of juvenile delinquency, while engaged in a third or subsequent curfew ordinance violation within a year, a violation of this chapter will be added to the complaint.
[1]
Editor's Note: This ordinance also changed the title of this section from "Issuance of warnings" to "Enforcement; issuance of warnings and summons."
If it should be established that any juvenile remained idle, loitered, wandered, strolled or remained in, on or upon any of the public places as defined above within the Township of Lower in violation of the provisions of this chapter, then it shall be presumed, in the absence of proof to the contrary, that the parent or guardian having the care, control or custody of such juvenile knowingly permitted such juvenile to do so.
Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in or at such public places as may be established by the Chief of Police of the Township of Lower in order that the public may be constantly informed of the provisions hereof.
Any person convicted of a violation of this chapter shall be subject to the performance of not more than 180 days of community service or a fine of not more than $1,000, or both. If both a juvenile and the juvenile's parent or guardian shall be convicted of a violation of this chapter, they shall be required to perform community service together.