[HISTORY: Adopted by the City Council of the City of Salem: Art.I, 1-20-1975
as Ord. No. 7501; Art. II, 3-1-1976 as Ord.
No. 7603. Amendments noted where applicable.]
[Adopted 1-20-1975 as Ord. No. 7501]
As used in this Article, the following terms shall have the meanings
indicated:
Any person under the age of 18 years.
Either or both parents or legal guardian, whether or not the minor
resided with the offending parent.
Defacing, damaging or destroying public property or the private property
of another within the City of Salem; committing an assault or assault and
battery upon another within the City of Salem; indecent exposure; obstructing,
violating or interfering with any person lawfully in any public place, including
the making of unsolicited, audible remarks of an offensive, disgusting or
insulting nature or which are calculated to annoy or disturb the person to
whom or in whose hearing they are made; trespassing on the private property
of another so as to create a disturbance and annoyance to the lawful owners
or occupants thereof; making, continuing or causing to be made or continued
any loud, unnecessary or unusual noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of others
or creating any unreasonably loud, disturbing and unnecessary noise of such
character, intensity or duration as to be detrimental to the life or health
of any individual or persons within the limits of the City of Salem; or consuming
alcoholic beverages on a public street.
It shall be unlawful for any parent or guardian to assist, abet, allow,
permit, suffer or encourage a minor to commit a violation of the public peace,
as defined herein, either by overt act or lack of supervision and control
over such minor.
An offense by a parent or guardian under this Article shall be presumed
when the following events occur:
A.Â
If the Juvenile and Domestic Relations Court or any successor
court having jurisdiction over juveniles has declared such minor delinquent
or having otherwise violated the laws of the State of New Jersey or to be
in need of supervision, which finding the parent or guardian shall be presumed
to have knowledge of, and such minor shall thereafter again come within the
jurisdiction of the Juvenile and Domestic Relations Court, which Court finds
that the minor has committed an act which constitutes a violation of the public
peace within the meaning of this Article, then in that event, it shall be
presumed that the parent or guardian has allowed, permitted or suffered said
minor to commit a violation of the public peace.
Any parent or guardian who shall violate the terms of this Article shall
be, upon conviction thereof, subject to a punishment by a fine not exceeding
$1,000 or imprisonment or community service not in excess of 90 days, or both,
in the discretion of the court.
The Municipal Court of the City of Salem shall have jurisdiction to
hear cases involving violations of this Article.
[Adopted 3-1-1976 as Ord. No. 7603]
As used in this Article and as provided in N.J.S.A. 40:48-2.52a, the
following terms shall have the meanings indicated:
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.
An individual who is under the age of 18 years.
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 public building, structure or
area.
It shall be unlawful for any person under 18 years of age to be or remain
upon any street or alley or other public place in the city after 10:00 p.m.
unless such person is accompanied by a parent or guardian or other person
having custody of such minor or unless in the performance of duty directed
by such parent or guardian or other person having custody or unless such person
is in lawful employment making it necessary to be in such places after 10:00
p.m.
It shall be unlawful for anyone having the legal care and custody of
any person, as described above, to allow or permit such person to go or be
upon any public street, alley or other public place in the city in the nighttime
as restricted in the preceding section, except in case of necessity as provided
in N.J.S.A. 40:48-2.52d.
Every member of the police force while on duty is hereby authorized to detain any such minor willfully violating the provisions of § 98-7 of this Article until the parent or guardian of the child shall take him or her into custody; but such officer shall immediately upon taking custody of the child communicate with the parent or guardian.
If it shall appear that any child taken into custody for a violation of § 98-7 of this Article is growing up in vagrancy or is incorrigible for lack of a proper parental care or has no home, proper proceedings shall be taken to have such child placed in the care of a state institution as provided by statute.
