[HISTORY: Adopted by the Township Council of the Township
of Saddle Brook 6-30-2011 by Ord. No. 1516-11. Amendments noted
where applicable.]
For the purposes of this chapter, the following terms shall
be defined to mean:
10:00 p.m. on any day of the week (Sunday, Monday, Tuesday,
Wednesday, Thursday, Friday or Saturday) until 6:00 a.m. of the following
day.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, and automobile accident or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order 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 17 years.
A person who is:
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation, athletic or shopping area, apartment
house, office building, shop, commercial/retail establishment, public
transportation facility, vehicle used for public transportation, parking
lot, common area of schools, exterior school grounds, medical facility,
or any other public building, structure or area.
Linger or stay, or fail to leave premises when requested
to do so by a police enforcement officer or the owner, operator, or
other person in control of premises.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
[Amended 5-7-2015 by Ord. No. 1594-15]
A.
It shall
be unlawful for juveniles to be in any public place between the hours
of 10:00 p.m. on any day of the week (Sunday, Monday, Tuesday, Wednesday,
Thursday, Friday or Saturday) until 6:00 a.m. on the following day,
unless accompanied by a parent or guardian.
B.
This prohibition
does not apply if said juvenile is:
(1)
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.
(2)
On an errand at the direction of the minor's parent or guardian.
(3)
In a motor vehicle involved in interstate travel.
(4)
Involved in an emergency.
(5)
Attending religious services, extracurricular school activities,
activities sponsored by a religious or community organization or other
cultural, educational or social events or is in direct transit to
or from such events.
(6)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly; or
(7)
Married or had been married or had disabilities of minority removed.
(8)
Acting with parental consent.
Before taking any enforcement action under this section, a police enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, there exists no defense as provided in § 83A-2B(1) through (8).
A.
Any person found guilty of having violated § 83A-2A of this chapter shall be subject to a fine of no less than $100 and not more than $500 and community service of two hours to eight hours.
B.
A person who violates a provision of this chapter is guilty of a
separate offense for each day or part of a day during which the violation
is committed, continued, or permitted. Each offense, upon conviction,
is punishable by a fine of no less than $100 and not more than $500
and community service of two hours to eight hours.
Within six months after the initial enforcement of this chapter,
the Mayor and the Chief of Police shall review this chapter and report
and make recommendations to the Mayor and Council concerning the effectiveness
of and the continuing need for the chapter. The Mayor and the Chief
of Police's report shall specifically include the following information:
A.
The practicality of enforcing the chapter and any problems with enforcement
identified by the Police Department.
B.
The impact of the chapter on crime statistics.
C.
The number of persons successfully prosecuted for a violation of
this chapter.
D.
The Township's net cost of enforcing the chapter.
