[HISTORY: Adopted by the Board of Commissioners
of the City of Bordentown 2-8-1988 by Ord. No. 1988-1. Amendments noted where
applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 210.
This chapter may be referred to and cited as
the "City of Bordentown Curfew Ordinance."
A.
The Board of Commissioners of the City of Bordentown
hereby finds there has been a significant breakdown in the supervision
normally provided by certain parents and guardians for juveniles under
18 years of age resulting in some juveniles being involved in a wide
range of unacceptable behavior, including vandalism, noisy and rowdy
behavior, breaking and entering, public drinking and littering and
harassment of residents.
B.
The Board of Commissioners further finds that the
offensive activities of these juveniles are not easily controlled
by existing laws and ordinances because the activities are easily
concealed whenever police officers are present and that the establishment
of reasonable curfew regulations will enable the community to better
control the free and unobstructed access to the streets and public
places by the majority of residents and will enable the police to
act reasonably and fairly to prevent the violation of laws and ordinances
by juveniles.
C.
The Board of Commissioners further finds and has determined
that a curfew meets a very real local need and that curfew ordinances
in other communities have had a significant effect in minimizing juvenile
delinquency. A curfew in Bordentown is particularly appropriate in
view of the nature of the community and the sense of the community
that there is a proper time for the cessation of outdoor activities
of juveniles. That sense of the community is reflected in the curfew
hours declared by this chapter, which also takes into consideration
the danger hours for nocturnal crime and for accumulations of juveniles
with potential risks incident to immaturity.
D.
In enacting this chapter, the Board of Commissioners
has taken note of the peculiar vulnerability of children, both as
victims of crime and as perpetrators of offenses because of peer pressure.
This chapter is intended not only to prevent children from causing
harm but also is intended to protect children themselves from being
harmed as victims of nocturnal crime.
E.
The Board of Commissioners is aware of the increase
in the occurrence of crime against juveniles. Such crimes have included,
but have not been limited to, kidnapping, physical violence and the
sale to juveniles of dangerous controlled substances. Such crimes
are more likely to occur at night than during the day, and it is one
of the purposes, therefore, of this chapter to protect juveniles who
may be unescorted by a responsible parent or adult guardian from being
the victim of such a crime.
F.
The Board of Commissioners has also taken note of
the inability of minors to make critical decisions in an informed,
mature manner. Accordingly, there is a need to make sure that the
decisions being made by juveniles do not result in either criminal
activity by them or against them by those who would prey on the immaturity
of juveniles.
G.
Bordentown is basically a family community. Parental
responsibility for the whereabouts of children is the accepted norm
by a substantial majority of the community. Legal sanctions to enforce
such responsibility have had a demonstrated effectiveness in many
communities over the years. The Board of Commissioners has determined
that as parental control increases there is a likelihood that juvenile
delinquency decreases and that there is a need for a nocturnal curfew
for juveniles in Bordentown and that the establishment of a curfew
applicable to juveniles will reinforce the primary authority and responsibility
of parents and guardians over juveniles in their care and custody.
H.
It is not the intent of this chapter to supplant parental
supervision. The Board of Commissioners recognizes the right of parents
to direct their children's upbringing and family autonomy against
unreasonable interference. The Board of Commissioners is also aware
that, in cases in which harm to the physical or mental health of a
child or to the public safety, peace, order or welfare is threatened,
the legitimate interests of the community as a whole may override
the parents' qualified right to control the upbringing of their children.
I.
Finally, the Board of Commissioners recognizes that
juveniles are protected with certain of the constitutional rights
and guaranties that are enjoyed by all citizens of this community.
It is not the intention of this chapter to deprive juveniles of the
ability to exercise valid rights secured to them under the Constitution
of the United States or the State of New Jersey. The function of this
chapter is, instead, to protect juveniles and to balance the rights
of all citizens of the City of Bordentown so that all may enjoy the
rights and privileges of citizenship as guaranteed to them by the
Constitution and laws of this country and of this state.
A.
When not inconsistent with the context, words used
in the present tense include the future tense, words in the plural
number include the singular, and words in the singular number include
the plural. The word "shall" is always mandatory and not merely discretionary.
B.
JUVENILE or MINOR
PARENT
REMAIN
STREET
TIME OF NIGHT
YEARS OF AGE
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
Any person under the age of 18 or, in equivalent phrasing,
any person 17 years of age or less.
Any person having legal custody of a juvenile as a natural
or adoptive parent, as a legal guardian, as an adult person who stands
in loco parentis or as a person to whom legal custody has been given.
To stay behind, to tarry or to stay or be upon the streets.
A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel or
for pedestrian travel. The term "street" includes the legal right-of-way,
including but not limited to the cartway or traffic lanes, the curb,
the sidewalks, whether paved or unpaved, and any grass plots or other
grounds found within the legal right-of-way of a street. The term
"street" applies to any street whether termed an alley, avenue, boulevard,
court, highway, road or otherwise. The term "street" shall also include
shopping centers, parking lots, parks, playgrounds, public buildings
and similar areas that are open for the use of the public.
Based upon the prevailing time observed in the City of Bordentown,
whether Eastern standard time or Eastern daylight saving time.
The age of a person from one birthday, such as the 17th,
to, but not including the day of, the next, such as the 18th birthday.
As an example, 17 or less years of age is herein treated as equivalent
to the phrase "under 18 years of age."
[Amended 11-22-2010 by Ord. No. 2010-19]
It shall be unlawful for any person 17 or less
years of age (under 18 years of age) to be or remain on or upon any
street within the City of Bordentown at the following times:
B.
During
the period of September 1 through May 31, inclusive, of each year:
(1)
Beginning
at 11:00 p.m. on Friday and Saturday nights and extending until 5:00
a.m. on the following day, except on Mischief Night, October 30, when
it shall begin at 10:00 p.m. and extend until 5:00 a.m. on the following
day.
(2)
Beginning
at 9:00 p.m. on all other nights and extending until 5:00 a.m. the
following day.
A juvenile on a city street during the hours referred to in § 142-4 shall not be considered in violation of this chapter under the following circumstances:
A.
When accompanied by a parent of such juvenile.
B.
When accompanied by an adult authorized by a parent
of such juvenile to take the parent's place in accompanying the juvenile
for and within a specific and designated period of time, purpose and
area.
C.
When exercising First Amendment rights protected by
the United States Constitution. The juvenile shall evidence the bona
fides of such exercise by first delivering to the person designated
by the Chief of Police to receive such information, at City Hall,
324 Farnsworth Avenue, a written communication, signed by the juvenile
and countersigned, if practicable, by a parent of the juvenile, indicating
their home address and telephone number, and specifying when, where
and in what manner the juvenile will be on or upon the streets during
the hours otherwise prohibited by this chapter and specifying the
nature of the First Amendment right that will be exercised by the
minor during the time indicated.
D.
In case of reasonable necessity for a juvenile remaining
on the streets, but only after the juvenile's parent has communicated
to the Chief of Police or the person designated by the Chief of Police
to receive such notifications, the facts establishing the reasonable
necessity relating to specified streets at a designated time for a
described purpose, including points of origin and destination. A copy
of the communication, or of the police record thereof, with an appropriate
notation of the time it was received and of the names and addresses
of the parent and juvenile, shall be made.
E.
In case of a bona fide emergency in which it is necessary
for the juvenile to be on the street in order to protect the health,
safety, welfare or property of a person, including the juvenile.
F.
When the juvenile is on the sidewalk or property where
the juvenile resides or on the sidewalk or property on either side
of the place where the juvenile resides and the adult owner or resident
of that property has given permission for the juvenile to be there.
G.
When returning home from and within one hour after
the termination of a school- or city-sponsored activity or an activity
of a religious or other voluntary association, of which prior notice,
indicating the place and probable time of termination, has been given
in writing to and duly filed with the Chief of Police or officer assigned
by him on duty at the police station by the juvenile, his parent or
the organization sponsoring the activity.
H.
When authorized by special permit granted by the Chief
of Police and carried on the person of the juvenile. When necessary
nighttime activities of a juvenile may be inadequately provided for
by other provisions of this chapter, then application may be made
to the Chief of Police for a special permit. Upon the findings of
necessity for the use of the streets to the extent warranted by a
written application signed by a juvenile and by a parent of the juvenile,
if feasible, stating the name, age and address of the juvenile; the
name, address and home and work telephone numbers of a parent thereof;
the height, weight, sex, color of eyes and hair and other physical
characteristics of the juvenile; the necessity which requires the
juvenile to remain upon the streets during the curfew hours otherwise
applicable; and the street or route and the beginning and ending of
the period of time involved by date and hour, the Chief of Police
may grant a permit in writing for the use by the juvenile of streets
at such hours as may reasonably be necessary.
I.
When authorized by general limited exception issued
by the Chief of Police. A general limited exception may be issued
by the Chief of Police whenever it appears to the Chief of Police
that the number of special permits for a nighttime activity involving
juveniles would be more efficiently granted in a general but limited
manner. The general limited exception shall be for a specific time
and purpose and shall only apply to those juveniles participating
in the activity that is the stated purpose of the general limited
exception. The general limited exception shall define the activity,
the scope of the use of the streets permitted, the period of time
involved, but in no event to extend more than one hour beyond the
time for termination of the activity, and the reasons for finding
that the general limited exception is reasonably necessary and is
consistent with the purpose of this chapter. The general limited exception
should be issued sufficiently in advance of the activity to permit
appropriate publicity through news media, public posting, schools
or other agencies associated with the activity.
J.
When the juvenile carries a certified card of employment,
renewable each calendar month when the current facts so warrant, dated
or reissued not more than 45 days previously, signed by the Chief
of Police, the juvenile and the employer and identifying the juvenile,
the employer, the addresses and telephone numbers of the juvenile's
home and of his place of employment and his hours of employment.
K.
When the minor is, with parental consent, traveling
in a motor vehicle to and from specific designations and for a specific
purpose. It is the intention of this provision to exempt bona fide
interstate travel along major routes through the City of Bordentown
and interstate travel beginning or ending in the City of Bordentown.
A.
In the absence of documentary evidence, such as a
driver's license or birth certificate, a police officer shall, in
the first instance, use his or her best judgment in determining the
age of the juvenile.
B.
If a police officer reasonably believes that a juvenile
is on the streets in violation of this chapter, the officer shall
notify the juvenile that he or she is in violation of this chapter
and shall require the juvenile to provide his or her name, address
and telephone number and information on how to contact his or her
parent or guardian.
C.
The juvenile shall then be taken to the police station.
A parent or guardian shall immediately be notified and requested to
come for the juvenile. This is intended to prevent harm to the physical
or mental health of a child that could result from continued presence
on the streets during nocturnal hours. A juvenile under the age of
13 years (12 years of age or less) whose identity and address are
known or may readily be ascertained may be delivered to his or her
parent or guardian.
D.
When a parent or guardian has come to take charge
of the juvenile and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent. If the
parent cannot be located or fails to take charge of the juvenile,
then the juvenile may temporarily be entrusted to an adult relative,
adult neighbor or other adult person who will, on behalf of a parent
or guardian, assume the responsibility of caring for the juvenile
pending the availability or arrival of a parent or guardian. If no
such person can be located, the juvenile shall be released to Burlington
County juvenile authorities.
E.
A police officer shall, within 24 hours, file a brief
written report with the Chief of Police concerning the curfew violation
with which he or she was involved. The report shall state the name,
address, telephone number and age of the juvenile; the date, time
and place of the incident; the circumstances surrounding the incident;
whether the juvenile was taken home or to the police station; and
the name, address and telephone number of the person to whom the juvenile
was released and the time of the release.
A.
It shall be unlawful for a parent having legal custody
of a juvenile knowingly to permit, or by inefficient control to allow,
the juvenile to be or remain upon any city street in violation of
this chapter. The term "knowingly" includes knowledge which a parent
has or should reasonably be expected to have concerning the whereabouts
of a juvenile in that parent's legal custody.
B.
Whenever any juvenile is given notice of a violation
of this chapter, his parent shall also be notified of such violation
by the Chief of Police or any other person designated by him to give
notice. The notice shall be in writing, stating the name of the juvenile
and the date, time and place of the violation and shall be signed
and dated by the person giving such notice to the parent. The original
of such notice shall be served upon the parent either in person or
by regular mail addressed to the parent by such name and at such address
as was provided by the minor charged with the curfew violation. Personal
service of the notice shall be made upon the parent within 72 hours
of the violation, or, if service is by mail, the notice shall be deposited
in the United States Postal Service mail within 72 hours of the violation.
A copy of each notice given to a parent shall be retained by the City
of Bordentown Police Department for a period of one year.
C.
If, at any time following the service of notice as provided in Subsection B, the juvenile to whom the notice applies again violates this chapter, it shall be rebuttably presumed that the parent having legal custody of the juvenile knowingly permitted, or by inefficient control allowed, the juvenile to be or remain upon the city streets in violation of this chapter, and the parent shall thereupon be charged with a violation of this chapter.
D.
It shall be an affirmative defense to be proved by
the parent by a preponderance of evidence that the juvenile was not
in violation of this chapter on the dates specified.
A.
A parent shall be given one written warning notice
of a curfew violation for each juvenile under his or her control.
The second curfew violation for each juvenile shall be treated as
a first offense by the parent. In the event that a parent has more
than one juvenile under his or her control, the second curfew violation
for each juvenile shall be treated as a first offense by the parent,
and each subsequent offense by each juvenile shall be treated as a
subsequent offense by the parent. The parent shall be charged with
increased subsequent offenses on the basis of curfew violations per
juvenile, not on the basis of the total number of curfew violations
of all the juveniles under his or her control.
B.
For the first parental offense, a parent shall be
fined $25, plus court costs. The fine shall be increased by an additional
$25 for each subsequent offense by the parent (based on curfew violations
per juvenile, not the total number of curfew violations of all the
juveniles under his or her control). Upon a plea or finding of guilty
on any offense, the Judge of the Municipal Court may sentence the
parent to perform such community service as the court deems appropriate
under the circumstances of the case. In no event, however, shall the
amount of community service imposed upon the parent be more than eight
hours for the first offense, nor shall community service be increased
by more than eight additional hours for each subsequent offense by
the parent (each subsequent offense counted on the basis of curfew
violations per juvenile, not on the total number of curfew violations
of all juveniles under the control of the parent).
C.
Any juvenile who shall violate any of the provisions
of this chapter more than three times shall be reported by the Chief
of Police to the juvenile authorities as a juvenile in need of supervision,
and the Chief of Police shall proceed to file such charges with the
Superior Court of New Jersey, Burlington County, Chancery Division,
Family Part. In the event that the Judge of the Municipal Court finds
that a juvenile was not in violation of this chapter after a hearing
on a complaint against a parent for violation of the parental responsibility
sections of this chapter, such incident shall not constitute, nor
be counted as, a curfew violation by the juvenile. If the Judge of
the Municipal Court finds the parent not guilty of the parental responsibility
section of this chapter but does not determine that the juvenile was
not in violation of this chapter, the incident shall constitute, and
be counted as, a curfew violation by the juvenile.
