[HISTORY: Adopted by the Mayor and Council of the Borough
of Franklin Lakes 10-19-2010 by Ord. No. 1500. Amendments noted where
applicable.]
GENERAL REFERENCES
Loitering — See Ch. 318.
A.
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.
B.
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:
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.
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.
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.
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.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
