[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 11-4-1976 by Ord. No. 157; amended in its entirety 9-21-1995 by Ord. No.
443 (Ch. 73 of the 1977 Township Code). Subsequent
amendments noted where applicable.]
A.
It shall be unlawful for any parent, legal guardian or other person
having the care, custody or supervision of a minor child under 18
years of age, by any act or word or by the failure to act, or by lack
of supervision and control over said minor child, to encourage, contribute
toward, cause or tend to cause said child to become neglected or delinquent
or to commit an offense under the terms of this chapter or any other
ordinance of the Township of Upper Deerfield or any law or statute
of the State of New Jersey or of the United States of America.
B.
It shall be unlawful for any parent, legal guardian or other person
having the care, custody or supervision of a minor child under 18
years of age to assist, aid, abet, allow, permit or encourage said
minor child to commit an offense under the terms of this chapter or
any other ordinance of the Township of Upper Deerfield or under any
law or statute of the State of New Jersey or of the United States
of America, whether by overt act or by failure to act or by lack of
supervision and control over said minor child.
It shall be unlawful for any parent or legal guardian or other
person having the care, custody or supervision of a minor child under
18 years of age to fail to supervise such minor child.
A person commits the offense of failing to supervise a minor
if the person is a parent, legal guardian or person with legal responsibility
for the safety and welfare of a child under 18 years of age and the
child has been found on private property or premises open to the public
in violation of any ordinance enacted by the Township of Upper Deerfield
or any law or statute of New Jersey or the United States of America.
It shall be a defense to the offense of failure to supervise
a minor if a child's violation of the Code occurred in the presence
of the parent, guardian or other person having care, custody and control
over a minor. It shall be a defense to the offense of failure to supervise
a minor if a violation by the minor occurred on private property owned
by the parent, guardian or other person having the care, custody and
control of the minor.
In addition to any fine or penalty imposed pursuant to this
chapter, the Court may order any parent, guardian or other person
having care, custody or control over the minor to pay restitution
to a victim of a minor's conduct, the amount of which shall be
determined by the Court.
If a minor below the age of 18 is in violation of any provision
of the ordinances of the Township of Upper Deerfield, then in such
event any citation issued pursuant to this chapter shall be issued
to the parent, guardian or other person with responsibility for care,
custody and control over such minor for the violation of this chapter
rather than to the offending minor.
For a first offense, a person convicted of a violation of this
chapter shall be subject to a fine not to exceed $1,000, imprisonment
not to exceed 90 days, and community service as may be ordered by
the Court. A person convicted of a second violation of this chapter
shall be subject to a minimum mandatory fine of not less that $200
and not in excess of $1,000, imprisonment not to exceed 90 days and
community service as may be ordered by the Court. A person convicted
of a third violation of this chapter shall be required to pay a minimum
mandatory fine of not less that $500 and not to exceed $1,000, imprisonment
not to exceed 90 days and community service as may be ordered by the
Court.
