[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst 9-14-1995 by Ord. No. 95-8. Amendments noted where
applicable.]
[Amended 10-9-2008 by Ord. No. 2008-7]
The purpose of this chapter establishing a curfew
for minors is to help prevent juvenile delinquency and crime in the
Borough while, at the same time, safeguarding the constitutional rights
of such minors.
As used in this chapter, the following terms
shall have the meaning indicated:
The Borough of Chesilhurst, New Jersey.
A fundraising effort, a volunteer service effort, including
a dinner, rally, a musical and/or dance performance, and such other
events, activities or meetings that are conducted and/or sponsored
by an entity or individual that has been approved as a charitable
entity or endeavor by a state or the federal government.
[Added 10-9-2008 by Ord. No. 2008-7]
A play, concert, poetry reading, attendance at an art gallery,
musical performance, dance performance, singing performance, book
reading, book club discussion, lecture, or other such events, activities
or meetings.
[Added 10-9-2008 by Ord. No. 2008-7]
10:00 p.m. to 6:00 a.m. on Sunday through Thursday; 11:00
p.m. to 6:00 a.m. on Friday and Saturday.
[Added 10-9-2008 by Ord. No. 2008-7]
A lecture, training, instruction, seminar and other such
events, activities or meetings.
[Added 10-9-2008 by Ord. No. 2008-7]
A motion picture viewing at a theater, parade, show, dance
performance, musical performance, and other such events, activities
or meetings.
[Added 10-9-2008 by Ord. No. 2008-7]
Any privately owned place of business carried on for profit,
or any place of amusement or entertainment to which the public is
invited.
Attendance at local, county, state or federal legislative
sessions, judicial proceedings or executive branch events of the government,
and other such events, activities or meetings.
[Added 10-9-2008 by Ord. No. 2008-7]
A person other than a parent to whom legal custody of the
minor has been given by court order or who is acting in the place
of the parent or is responsible for the care, custody, control and
welfare of the minor.
[Added 10-9-2008 by Ord. No. 2008-7]
Any person under the age of 18 years.
[Amended 10-9-2008 by Ord. No. 2008-7]
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term "operator," as used in the penalty provision of § 186-8 and applied to partnership, association or corporation, shall include the partners of the partnership, the members of the association and the officers of the corporation.
Any natural parent of any minor, a guardian or any adult
person of the age of 21 years or over who is responsible for the care,
custody and control of any minor.
[Amended 10-9-2008 by Ord. No. 2008-7]
A church, synagogue, mosque, temple and/or chapel operated
and/or owned by a nonprofit entity approved by the federal or state
government as a nonprofit religious organization and other such place,
building, structure or facility of worship.
[Added 10-9-2008 by Ord. No. 2008-7]
Any establishment or public building, including the property
adjacent to said public building and a part of the same lot or contiguous
lots.
Any place to which the public has access, including but not
limited to a public street, highway, road, thoroughfare, sidewalk,
bridge, alley, plaza, park, playground, recreation or shopping area,
athletic field, public building, vacant structure or vacant lot, public
transportation facility, vehicle used for public transportation, parking
lot or any other area within the Borough.
[Amended 10-9-2008 by Ord. No. 2008-7]
An event, activity or meeting conducted, operated, or managed
by a religious organization approved by a state or federal government
as a nonprofit religious organization.
[Added 10-9-2008 by Ord. No. 2008-7]
To loiter, idle, obstruct, ride, wander, stroll, play in
or upon any establishment or public place.
A party, wedding, birthday party, anniversary party, retirement
party, dinner party, dance, prom, banquet, visit to a friend's or
family's home and other such events, activities or meetings.
[Added 10-9-2008 by Ord. No. 2008-7]
A football game, baseball game, softball game, basketball
game, hockey game, tennis match, soccer game, lacrosse game, track/field
meet, bowling match, racing meet, boxing match, wrestling match, weight
lifting competition, archery meet, golf match, volleyball game and
other such game, match or meet. It also includes practice, training
and/or preparation for any of the above sporting events, activities
or meetings.
[Added 10-9-2008 by Ord. No. 2008-7]
Any person under the age of 18 years not supervised by or
in the company of said person's parent or guardian during the curfew
hours.
[Added 10-9-2008 by Ord. No. 2008-7]
[Amended 10-9-2008 by Ord. No. 2008-7]
[Amended 10-9-2008 by Ord. No. 2008-7]
The curfew hour provisions of this chapter shall
not be applicable to a minor traveling to or from his/her residence
going to and from any of the following:
A.
A business or occupation which the laws of this state
authorizes a minor to perform.
B.
A public or private school or place of instruction.
C.
A sporting, cultural, social, entertainment, charitable,
governmental and/or educational event, activity or meeting, wherein
the minor was a spectator or participant.
D.
A place or religious worship or a religious sponsored
event, activity or meeting.
E.
A private social event which occurred in the presence
of adults with the minor's parent's or guardian's permission.
F.
A hospital, doctor's office, medical clinic, physical
therapy facility or other such medical facility.
[Amended 10-9-2008 by Ord. No. 2008-7]
No parent or guardian, as defined in § 186-2 of this chapter, of any minor shall permit such minor to remain in or upon any public place or establishment after the hour of 10:00 p.m. on each and every Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following morning or after the hour of 11:00 p.m. on each and every Friday or Saturday until 6:00 a.m. of the following morning, unless accompanied by such parent or guardian.
[Amended 10-9-2008 by Ord. No. 2008-7]
No operator, as defined in § 186-2 of this chapter, or his agents or employees shall knowingly permit any minor to remain in or upon the premises of his/her establishment after the hour of 10:00 p.m. on each and every Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following morning or after the hour of 11:00 p.m. on each and every Friday or Saturday until 6:00 a.m. of the following morning, unless accompanied by the parent, as defined in § 186-2 of this chapter.
[Amended 10-9-2008 by Ord. No. 2008-7]
Should an emergency arise necessitating a minor and not accompanied by a parent, as defined in § 186-2 of this chapter, being dispatched upon an errand requiring his presence upon any public place or establishment during the hours wherein the use thereof by such minor is prohibited hereunder, such minor shall have in his/her possession a note or message, in writing and signed by a person of his/her household over the age of 21 years, stating the nature of the errand, the necessity therefor, the place of destination, the time such message was executed and the approximate time required for the errand. Any abuse of the purpose or spirit of this section shall constitute a violation of the provisions of this chapter punishable as hereinafter provided.
[Amended 10-9-2008 by Ord. No. 2008-7]
Any violator of this chapter shall be required
to perform community service and may be subject to a fine of up to
$1,000. If both a minor and the minor's parent or guardian violate
this chapter, they shall be required to perform community service
together.
[Added 10-9-2008 by Ord. No. 2008-7]
A certified copy of this chapter as finally
adopted shall be filed by the Borough Clerk with the Director of the
Division of Local Government Services in the New Jersey Department
of Community Affairs.
