[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 10-19-2010 by Ord. No. 1500. Amendments noted where applicable.]
Loitering — See Ch. 318.
The Mayor and Council of the Borough of Franklin Lakes in conjunction with the Franklin Lakes Police Department has determined that there is increased damage to real and personal property on the evenings of October 30, which is commonly called "mischief night" or "cabbage night" and on October 31, which is designated as Halloween.
In order to add a measure of protection for the residents of the Borough of Franklin Lakes and for parents and children who celebrate this holiday and in accordance with N.J.S.A. 40:48-2.52, the Borough hereby imposes the following restrictions.
As used in this chapter, the following terms shall have the meanings indicated:
- CULTURAL, EDUCATIONAL AND SOCIAL EVENTS, SPONSORED BY RELIGIOUS OR COMMUNITY-BASED ORGANIZATIONS
- Any and all activities, without limitation, to which the juvenile and others have been specifically invited or in which they participate, provided the activity is sponsored by the religious or community-based organization.
- ERRANDS INVOLVING MEDICAL EMERGENCIES
- Seeking medical treatment from a health care provider for an emergent medical condition relating to the juvenile or to the juvenile's immediate family which is defined as parents, siblings, grandparents, aunts, uncles and cousins of the first degree.
- EXTRACURRICULAR SCHOOL ACTIVITIES
- Any activity or event that is sponsored by any public or private school geographically located within the confines of the Borough of Franklin Lakes to which the juvenile and other students are specifically invited and which are scheduled to occur during the hours of curfew.
- 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.
- PUBLIC PLACE
- 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, vehicles used for public transportation, parking lot or any other public building structure or area.
- RELIGIOUS OR COMMUNITY-BASED ORGANIZATION
- Any house of worship or affiliate thereof or any social, business, scholastic or recreational entity located within the geographic confines of the Borough of Franklin Lakes.
- TIME OF CURFEW
- From 10:00 p.m. to 6:00 a.m. on October 30 and from 10:00 p.m. to 6:00 a.m. on October 31.
No juvenile under the age of 18 years shall be on any public street or in any public place between the hours of 10:00 p.m. and 6:00 a.m. on October 30th and October 31st unless accompanied by the juvenile's parent or guardian or unless engaged in, or traveling to or from, a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform.
No parent or guardian shall allow an unaccompanied juvenile to be on any public street or in any public place between the hours of 10:00 p.m. and 6:00 a.m. on October 30 and October 31.
Notwithstanding the preceding, a juvenile, during the curfew hours aforesaid, may, without limitation, engage in errands involving medical emergencies, attend extracurricular school activities, and participate in other cultural, educational and social events sponsored by a religious or community-based organization.
No juvenile shall knowingly be in a public place during curfew hours unless the juvenile is engaging, attending, or participating in an exception stated hereinabove.
No parent or guardian shall knowingly allow an unaccompanied juvenile for which he is responsible to be on any public street or in any public place during curfew hours unless the juvenile is engaging, attending or participating in an exception stated hereinabove.
Any parent, guardian or juvenile who violates the provisions of this chapter shall, upon conviction, be fined, in the discretion of the Municipal Judge, in accordance with § 1-17, in Article II, General Penalty, for each offense or such may be dealt with in accordance with juvenile court law and procedure. Each violation of the provisions of this chapter shall constitute a separate offense.