[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.]
For purposes of this chapter, the following definitions shall be utilized:
- 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.
- 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.
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:
[Amended by Ord. No. 94-15]
The provisions of § 260-2 above shall not apply under any of the following circumstances:
When the juvenile is accompanied by his or her parent or guardian.
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.
When the juvenile is engaged in an errand or errands involving a medical emergency or emergencies.
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.
Upon the initial occurrence of a violation of this chapter by a juvenile, the juvenile shall be issued a written warning. The parent or parents or guardian of said juvenile shall likewise be issued a written warning by the Township Police Department. Such written warning shall serve as first notice that a violation has occurred and that any subsequent violation or violations within one year of said warning will result in the signing of complaints against both the juvenile and the parent/guardian.
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.
Any juvenile obtaining employment which may result in an exemption from the terms of this chapter pursuant to § 260-3B shall, upon making application for working papers, obtain an identification card issued by the Police Department of the Township of Lower indicating the name and address of his or her employer. Said identification card shall be available from the Lower Township Police Department or from the Lower Cape May Regional High School in the office therein charged with the issuance of working papers. Any juvenile who shall be found on the public streets or in any public place in the Township of Lower in violation of this chapter who seeks exemption under § 260-3B of this chapter shall carry his or her identification card with him or her at all times. Failure to have said identification card in his or her possession and/or to produce same upon request by a duly constituted police officer of the Township of Lower shall create a presumption that the juvenile is in violation of the terms of this chapter and shall constitute probable cause for the filing of a complaint against the juvenile and/or the parent or guardian of said juvenile.
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.