For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
consistent with the appropriate context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular include the plural. The word "shall" is
considered to be mandatory and not merely directory or discretionary
in nature.
CITY
The City of Union City.
EMERGENCY
An unforeseen combination of circumstances or the resulting
state, including those circumstances which call for immediate action
in response to a threat to public health and safety. This term shall
be understood to include but not be limited to a fire, a natural disaster,
an automobile accident or other situation requiring immediate action
to prevent serious bodily harm, injury or loss of life. "Serious bodily
injury" shall mean 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.
KNOWINGLY
Includes knowledge or information which a parent or legal
guardian should reasonably be expected to have concerning the whereabouts
of a minor in the legal custody of a parent or guardian. It is intended
to include and require neglectful or careless parents to maintain
a reasonable community standard of parental responsibility through
an objective test. It shall be no defense to this chapter that a parent
was indifferent to the activities or conduct or whereabouts of such
a minor or juvenile.
LEGAL GUARDIAN
A person over the age of 18, other than a parent, to whom
legal custody of the juvenile has been given by court order or other
method required by law.
OFFICIAL EXTRACURRICULAR SCHOOL ACTIVITY OR OTHER OFFICIAL CULTURAL,
EDUCATIONAL, RECREATIONAL, SPORTING OR SOCIAL EVENT SPONSORED BY A
SCHOOL, BY THE CITY, OR BY A RELIGIOUS, CIVIC, VOLUNTARY OR OTHER
COMMUNITY-BASED ASSOCIATION
Any extracurricular; cultural, educational, recreational,
civic, political, religious or social activity organized, coordinated
and/or publicized by any public or private school, any agency or department
of Union City, or any public or private organization, business or
entity formulated for any cultural, educational, recreational, civic,
political, religious or social purpose, whether not-for-profit or
for-profit.
PARENT
The natural or legally adoptive parent of a juvenile or minor.
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.
REMAIN
To linger or stay or to fail to leave a public place or establishment
when requested to do so by a police officer or the owner, operator
or other person in control of the establishment or premises.
[Amended 2-15-2005]
It shall be unlawful for any person under 18 years of age to
be on or remain in or upon the public streets and public places within
the City of Union City:
A. During the period ending at 5:00 a.m. and beginning:
(1) At 11:59 p.m. Friday and Saturday nights from September 15 through
June 15.
(2) At 11:00 p.m. Sunday through Thursday nights from September 15 through
June 15.
(3) At 11:59 p.m. all nights from June 15 through September 15.
(4) During the hours when the juvenile is required to be in attendance at either a public or nonpublic school subject to the exceptions enumerated in §
137-4.
In the following exceptional cases a minor who remains in or upon a public street or public place during the hours specified in §
137-3 above, minors, their parents and their fellow-citizens shall not, however, be considered in violation of this chapter:
A. When accompanied by a parent or legal guardian of such minor.
B. When accompanied by an adult authorized in writing by a parent or
legal guardian of such minor to take said parent's place in accompanying
said minor for a designated period of time and purpose within a specified
area.
C. When the juvenile is on the sidewalk or property where the juvenile
permanently resides.
D. When going to, without making any detour or stop and within one hour
prior to the commencement of an official extracurricular school activity
or other official cultural, educational, recreational, sporting or
social event sponsored by a school, by the City, or by a religious,
civic, voluntary or other community-based association, and supervised
by adults of which prior notice by the organization or entity sponsoring
the event, indicating the place and probable time of termination,
has been given in writing, to and duly filed for immediate reference
by the Chief of Police or officer assigned by the Chief on duty at
the police station.
E. When returning home, without making any detour or stop, after the
termination of any activity whether sponsored by a school, by the
City, or by a religious, civic, voluntary or other community-based
association and including all private activities within 1/2 hour after
the termination of such activity so long as the juvenile has in his
or her possession written permission from his or her parent or legal
guardian.
F. When authorized, by special permit from the Chief of Police or the
officer designated by the Chief for that purpose, carried on the person
of the juvenile thus authorized, which may be issued only when necessary
nighttime activities of a juvenile are required but are not otherwise
addressed by any provision of this chapter. When the Chief of Police
or his designee shall determine that the necessary nighttime activities
of a juvenile warrant, a special permit for the event may be granted
upon written application of the juvenile's parent or legal guardian
and signed by the juvenile specifying the following and filed with
the Department: 1) the name, address, and telephone number of a parent
or legal guardian of the juvenile; 2) the height, weight, sex, color
of eyes and hair and other physical characteristics of the juvenile;
3) the necessity which requires the juvenile to remain upon the public
streets or places during the curfew hours otherwise applicable; and
4) the street or route and destination as well as the beginning and
ending of the period of time involved by date and hour. In an emergency,
as defined by this chapter, this application may be made by telephone
or in person, with a corresponding written record being made contemporaneously
to the Chief of Police or his designee at the police station.
G. When authorized, by regulation issued by the Chief of Police, to
respond to cases of reasonable necessity adapted to necessary nighttime
activities of more juveniles than can readily be dealt with on an
individual special permit basis. Normally such regulation by the Chief
of Police permitting use of the public place should be issued sufficiently
in advance to permit appropriate publicity through news media and
through other agencies such as the schools, and shall define the activity,
the scope of the use of the public streets or places permitted, the
period of time involved not to extend more than one hour beyond the
time for termination of the activity, and the reason for finding that
the regulation is reasonably necessary and is consistent with the
purposes of this chapter.
H. When the juvenile carries a certified card of employment dated or
reissued not more than 45 days previously, signed by the juvenile's
employer and the Chief of Police identifying the juvenile, the address
of his home and of his place of employment, and his hours of employment.
I. On an errand at the direction of the minor's parent or guardian,
without making any detour or stop for the purpose of responding to
a medical problem or emergency.
J. In a motor vehicle involved in interstate travel not originating
in the City.
K. Involved in an emergency as defined in §
137-2 of this chapter.
L. Married or had been married or had disabilities of minority removed
in accordance with law.
M. When engaging in an activity protected by the First Amendment so
long as the Chief or his designee receive prior written notice in
advance of such activity and the juvenile has the written permission
of his or her parent or legal guardian in his or her possession at
the time the activity is engaged in.
It shall be unlawful for a parent or guardian having legal custody
of a juvenile knowingly to permit or by inefficient control to allow
the juvenile to be or remain upon any public place under circumstances
not constituting an exception to, or otherwise beyond the scope of
this chapter. The term "knowingly" includes knowledge which a parent
should reasonably be expected to have concerning the whereabouts of
a juvenile in that parent's legal custody. This section is intended
to hold neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It
shall, therefore, be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such juvenile.
If a police officer reasonably believes that a juvenile is upon
a public street or public place in violation of this chapter without
any of the exceptions applying, the officer shall notify the juvenile
that he or she is in violation of this chapter and shall require the
juvenile to provide his or her name, address and telephone number
and how to contact his or her parent or legal guardian. In determining
the age of the juvenile and in the absence of convincing evidence
such as a birth certificate, a police officer shall, in the first
instance, use his or her best judgment in determining age.
A. The Chief of Police may require that the responding police officer
or a designee within the Police Department deliver to a parent or
guardian thereof a juvenile under appropriate circumstances to his
or her home whose identity and address may readily be ascertained
or are known.
B. In any event the police officer shall, within 24 hours, file a written
report with the Chief of Police or shall participate to the extent
of the information for which he is responsible in the preparation
of a report on the curfew violation. It is not the intention of this
section to require reports that will prevent police officers from
performing their primary police duties. The reports shall be as simple
as is reasonably possible and may be completed by Police Department
personnel other than sworn police officers.
C. When a parent or guardian, immediately called, has come to take charge
of the juvenile and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent. If the
parent cannot be located or fails to take charge of the juvenile,
then the juvenile shall be released to the juvenile authorities, except
to the extent that in accordance with police regulations, approved
in advance by juvenile authorities, the juvenile may temporarily be
entrusted to an adult, neighbor or other person who will on behalf
of a parent or guardian assume the responsibility of caring for the
juvenile pending the availability or arrival of a parent or guardian.
D. In the case of a first violation by a juvenile, the Chief of Police
shall, by certified mail, send to a parent or guardian written notice
of the violation with a warning that any subsequent violation will
result in full enforcement of this chapter against the parent or guardian
and juvenile, including enforcement of applicable penalties. No penalties
shall be sought against parent or guardian and the juvenile in the
case of a first violation although the parent or guardian shall be
contacted to retrieve the juvenile. A copy of the notice of first
violation shall be maintained by the Police Department. An additional
copy of the notice of first violation shall be kept on file by the
Municipal Court Administrator of Union City for the purpose of providing
evidence of failure by the minor, as well as the parent or guardian,
to observe the provisions of this chapter in the event of any subsequent
citation for an alleged violation of this chapter. No written warning
shall be issued for any subsequent violation of this chapter.