[HISTORY: Adopted by the Township Committee
of the Township of Chesterfield 4-10-1975 by Ord. No. 1975-1.
Amendments noted where applicable.]
The Township Committee has found that many minors
are committing breaches of the public peace, which is occasioned in
many instances by a lack of parental discipline of the minor. Although
existing statutes do provide a means of alerting parents to their
responsibilities to both the minor and society in general, in the
considered opinion and legislative judgment of the Committee, further
legislation is necessary to accomplish effective parental control
and supervision. This chapter, pursuant to N.J.S.A. 40:48-1, is intended
to fill this void.
As used herein, the following terms shall have
the meanings indicated:
Any person under the age of 18 years.
Includes either or both parents of a minor, the legal guardian(s)
of such minor or any other person(s) having the care or custody of
the minor committing the violation of the public peace. However, the
term "parent" shall not apply to parents, legal guardians or other
persons whose custody and control over such minor has been removed
by court order, decree or judgment or military service or marriage
of such minor.
Includes any of the following acts: defacing, damaging or destroying public property or the private property of another within the Township of Chesterfield or committing an assault or assault and battery upon another in the township; or consuming and/or possessing alcoholic beverages in a public place in the township; or breaking and entering or entering without breaking into the property of another with the intent to steal; or threatening another with the intention of extorting money or anything of value; or possession and/or use of a controlled dangerous substance, as the same shall be defined under Title 24, Revised Statutes of New Jersey; or juvenile delinquency based upon any of the above offenses. In order for a parent to violate § 142-3 of this chapter, utilizing the terminology "allow," "permit" or "suffer," where a minor is apprehended and convicted of a violation of the public peace, the Township Clerk of the township or his designated agent shall forthwith serve written notice of the act and conviction on the parent. If at any time within 180 days of the giving of such notice such minor shall again be charged and thereafter be subsequently convicted of the same classification of a violation of the public peace, it shall be rebuttably presumed that the parent allowed, permitted or suffered said minor to commit a violation of the public peace.
It shall be unlawful for any parent to assist,
aid, abet, allow, permit, suffer or encourage a minor to commit a
violation of the public peace, as defined herein, either by overt
act, by failure to act or by lack of supervision and control over
such minor.
[Amended 5-28-2020 by Ord. No. 2020-6]
Any parent who shall violate the terms of this
chapter shall, upon conviction thereof, be subject to punishment by
a fine not exceeding $500 in the discretion of the court. In addition,
if the violation of this chapter results in damage or defacement of
public property, the parent shall be charged with the cost of repairing
the damaged or defaced property.
The remedy provisions of this chapter shall
be cumulative, not exclusive, and the state or any other person shall
have the right to proceed under any other legally available remedies.
