[HISTORY: Adopted by the Mayor and Council of the Borough of Washington 4-3-2007 by Ord. No. 3-2007. Amendments noted where applicable.]
The following terms shall have the following meanings:
- 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, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
- An activity relating to officially or semiofficially approved and usually organized student activities (such as school plays, school trips, school club activities, athletics, etc.) connected with school.
- 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.
- PROPERLY AUTHORIZED REPRESENTATIVE
- A parent, guardian or person specifically authorized in writing by a parent or guardian to speak for the juvenile with regard to an alleged violation of this chapter. Such person may include, but is not limited to, a doctor, a religious leader, a school administrator or teacher, or the representative of a legitimate organization located within the Borough of Washington.
- 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, vehicle used for public transportation, parking lot or any other public building, structure or area.
- SERIOUS BODILY INJURY
- Any 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.
There is hereby imposed a curfew on juveniles in the Borough of Washington as follows: It is unlawful for juveniles under the age of 18 to be in any public place between the hours of 11:00 p.m. and 5:00 a.m., unless accompanied by a parent or lawful guardian or unless the juvenile is engaged in an activity listed in § 34-4.
It shall be unlawful for any parent(s), lawful guardian(s) or properly authorized representative(s) to intentionally permit, suffer or allow any juvenile in his or her care to violate this chapter.
Notwithstanding anything to the contrary herein, juveniles who are engaged in the activities listed below shall not be deemed to be in violation of this chapter:
Engaged in errands involving emergencies;
Attending extracurricular school activities;
Participating in or attending a legitimate evening activity sponsored by the Borough, the Board of Education, or some other legitimate adult-supervised organization within the Borough, or other similar entity that takes responsibility for the juvenile, and shall include attendance at church and religious activities and school activities, including classes, dances and sports events, as well as public fireworks displays and other similar events;
Present on the sidewalk or curbside immediately adjacent to or across from his/her own residence;
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;
Engaged in lawful, bona fide protests or other constitutionally protected activities; or
In direct transit to or from such activities, without any detour or stop, listed above during curfew hours.
The Washington Borough Police Department shall have the following responsibilities with respect to the Curfew Law:
The Police Department shall keep a recording ("the log") of any juveniles who have been convicted or pled guilty to a violation of this chapter. The log shall be kept in accordance with the laws pertaining to the confidentiality of information pertaining to juveniles. No less often than every six months the Police Department shall remove from said log of persons:
Those over the age of 18 years;
If convicted, the juvenile's name will be removed from the log upon the 18th birthday;
If juvenile's name is in the log and charges do not result in conviction, his/her name will be removed after six months; and
If the juvenile's name is on the log and the juvenile is not charged, his/her name will be removed after six months.
A police officer who stops a juvenile for violation of this chapter, whose name does not appear on the log, shall not arrest or issue a summons to the juvenile, provided that the juvenile voluntarily supplies his/her name, address, telephone number and the name, address and telephone number of his/her parent(s) or legal guardian(s). In such cases, the officer shall follow up with the juvenile's parent(s) or legal guardian(s) about the reasons for the alleged violation. If the juvenile and his/her parent(s) or legal guardian(s) agree to meet with the Juvenile Officer of the Department, or other designated member of the Department, about the juvenile's alleged violation and the risks and hazards to unattended juveniles during curfew hours, no summons shall be issued to the juvenile or his/her parent(s) or legal guardian(s). However, the juvenile's name shall be recorded in the log. If the parent(s) or legal guardian(s) refuse to meet with the Juvenile Officer or a member of the Police Department, then a summons will be issued to the parent(s)/legal guardian(s) for violation of this chapter.
Provided that a juvenile supplies his/her name, address, telephone number and the name, address and telephone number of his/her parent(s) or legal guardian(s), no police officer who stops a juvenile for violation of this chapter shall issue a summons or arrest said juvenile if the juvenile presents to the officer a reason(s) authorized by this chapter to be in a public area until such time as the officer has had the opportunity to investigate the reasons expressed by the juvenile. Any such summons must be issued within 30 days of the initial stop. No police officer shall arrest any juvenile for curfew ordinance violations unless:
There is an immediate and clear risk to the health of the juvenile or any third party;
The juvenile has been convicted on two or more occasions for violation of this chapter;
The juvenile refuses to provide his/her name, address and telephone number and the juvenile's parent(s) or legal guardian(s)' name, address and telephone number or
If the juvenile is under 13 years of age.
Any juvenile confronted by a police officer about whether the juvenile is in violation of this chapter shall provide the juvenile's name, address and telephone number and the juvenile's parent(s) or legal guardian(s)' name, address and telephone number. An individual over the age of 18 years shall present proof of his/her age.
No police officer of the Borough of Washington shall stop any motor vehicle lawfully upon the streets of the Borough of Washington based solely on a suspicion that a juvenile in the vehicle is in violation of this chapter. A juvenile who is in a vehicle operated by a properly licensed operator shall not be considered in violation of this chapter regardless of time of day.
Any person found guilty of having violated any portion of § 34-2, 34-3, 34-4 or 34-5 of this chapter shall perform community service not to exceed 90 days and/or be subject to a fine of no more than $1,000. If parents or guardians, as well as a juvenile, are found guilty of violating this chapter, the parents or guardians shall perform community service together with the juvenile.