[HISTORY: Adopted by the Mayor and Council of the Borough of Prospect Park 12-23-1996 by Ord. No. 7-1996; amended in its entirety 5-9-2005 by Ord. No. 2005-7. Amendments noted where applicable.]
For purposes of this chapter, the following terms shall be defined to mean:
GUARDIAN
A person, other than a parent, to whom legal custody of a juvenile has been given by court order or who is acting in the place of a parent or is responsible for the care and welfare of a juvenile.
JUVENILE
An individual who is under the age of 18 years.
PARENT
The natural or adoptive parent of a juvenile.
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.
A. 
It shall be unlawful for juveniles to be on any public street or in a public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent or guardian.
B. 
It shall also be unlawful for a juvenile to be in any public place during the hours when the juvenile is required to be in attendance at either a public or nonpublic school unless the juvenile is accompanied by the juvenile's parent or guardian or is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place.
The prohibitions of § 152-2 do not apply if said juvenile is:
A. 
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.
B. 
Engaged in an errand involving a medical emergency.
C. 
Attending religious services, extracurricular activities, activities sponsored by a religious or community organization or participating in other cultural, educational or social events or is in direct transit to or from such events during curfew hours.
D. 
This chapter shall also not apply should any occasion arise necessitating a person under the age of 18 years to be dispatched upon an errand by his or her parent or guardian, requiring his or her presence in, on or upon a street or automobile or in any public or quasi-public place, as aforesaid, during the curfew hours herein established. The abuse of the provisions of this subsection shall constitute a violation of the provisions of this chapter, punishable as hereinafter provided.
A. 
It shall be unlawful for any parent or guardian to permit, suffer or allow any unaccompanied juvenile in his or her care to be on any public street or in any public place between the hours of 10:00 p.m. and 6:00 a.m. unless permitted under the exceptions set forth in § 152-3.
B. 
It shall be unlawful for any parent or guardian to permit, suffer or allow any unaccompanied juvenile in his or her care to be in any public place during the hours when the juvenile is required to be in attendance at either a public or nonpublic school unless the juvenile is accompanied by a parent or guardian or is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place or unless permitted under the exceptions set forth in § 152-3.
A. 
Any police official, upon finding a juvenile in violation of this chapter, shall ascertain the name and address of such juvenile and shall warn the juvenile that he is in violation of curfew and shall direct the juvenile to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the parents, guardian, or person having custody or control of such juvenile, by certified mail or in person.
B. 
If the juvenile refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the juvenile had been warned on a previous occasion that he or she was in violation of the curfew, he or she shall be taken to the Police Department, and the parent, guardian or other adult person having the care and custody of such person shall be notified to come and take charge of the person and both the parent/guardian and the juvenile shall be charged with violating the within chapter. The Police Department may, if deemed advisable, make such further inquiry or take such action concerning the presence of such minor in, on or upon the public or quasi-public places, as aforesaid, as may seem advisable.
Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in, on or at such public and quasi-public places as may be determined by the highest ranking police officer in order that the public may be constantly informed of the existence of this chapter and its regulations.
Any juvenile found guilty of having violated § 152-2 of this chapter shall perform community service and may be subject to a fine of no more than $1,000. If parents or guardians violate § 152-4, they shall be required to perform community service together with the juvenile. The period of community service will not exceed 90 days for each individual for each violation.