[HISTORY: Adopted by the Township Committee (now Council) of the Township of Jackson 4-8-1996 by Ord. No. 11-96 (Ch. 50 of the 1972 Code). Amendments noted where applicable.]
The purpose of the within chapter is to adopt a statutorily authorized curfew ordinance with sufficient strength, but appropriate safeguards and flexibility, to provide for the institution of a curfew that will enhance the safety and well-being of the citizens of Jackson Township. It is further the belief of the governing body that children left unsupervised during the overnight hours may be exposed to the most detrimental influences of society, including the lure of the rampant drug culture, the potential for involvement in criminal activity and other potential threats to the physical and mental health and welfare of children, that would justify governmental action in furtherance of the protection of one of the most fragile and easily influenced segments of our society.
For the purposes of this chapter, the following definitions shall apply:
- 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 17 years.
- Actual knowledge or such total information which a parent has or should reasonably be expected to have pertaining to the whereabouts of the juvenile in that guardian's legal custody. It is intended to include within the meaning of "knowledge" the requirement of neglectful or careless parents to maintain a reasonable community standard of parental responsibility through this objective test as to maintaining knowledge of the juvenile's whereabouts.
- PUBLIC PLACE
- Any place to which the public has access, including but not limited to a public street, boardwalk, 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.
A juvenile is prohibited from being on any public street or in any public place between the hours of 10:00 p.m. and 6:00 a.m.
The provisions of this section shall not apply to a juvenile when any one of the following circumstances are present:
When the juvenile is accompanied by a parent or guardian or other adult having the care and custody of the juvenile.
Where the juvenile is upon a medical emergency, errand or legitimate business directed by the juvenile's parent or guardian.
When the work time of the juvenile who is gainfully employed overlaps the curfew hours.
When the juvenile is in attendance at a function sponsored by a religious or educational organization.
When the juvenile is in attendance as a bona fide student at an evening school of instruction.
When the juvenile is in attendance at a civic, cultural, recreational or social function.
When the juvenile shall, as a result of the above exceptions, be traveling within the Township after the prescribed hour to or from the juvenile's residence in a direct manner in connection with any of the above-excepted activities.
Any parent or guardian who knowingly allows an unaccompanied juvenile to be on any public street or in any public place during the operation of a curfew and between the hours specified herein, except as allowed herein, shall be deemed as violating this chapter.
If any juvenile shall be apprehended for violating the provisions of this chapter, the Township Police Department shall immediately notify the parents, guardian or other adult having care and custody of the juvenile of such arrest and, upon such notification, such parent, guardian or other adult having care and custody of the juvenile shall immediately provide for the juvenile's placement in their custody, care and keeping.
This chapter shall be posted in the Municipal Building, the public schools of Jackson Township and in such public or quasi-public places as may be deemed appropriate so that the public will be constantly informed of the existence of this order and any actions taken thereunder. This provision shall not be interpreted to require proof of actual notice or knowledge of this chapter or any proclamation made pursuant to this chapter in order to have a conviction for violation of any provision of this chapter.
Anyone convicted of violating this chapter shall be required to perform community service of up to 240 hours and may be subject in addition to a fine of up to $1,000. If both the juvenile and the juvenile's parent or guardian violate this chapter, they shall be required to perform community service together.
This chapter is adopted pursuant to N.J.S.A. 40:48-2.52. It is determined that the standards established herein are consistent with the findings of fact made by the Legislature in its legislative history in adopting said legislation. It is further determined that the language contained herein does establish clear standards and precise language adequate to apprise a juvenile and a parent or guardian of that which is unlawful, as well as that which is adequate to circumscribe the discretion of police officers, so as to prevent subjective and discriminatory enforcement of this chapter. The Committee does further determine that juveniles and their parents or guardians are hereby specifically apprised that both are responsible for the conduct of the juvenile and that juveniles shall not be allowed to be on public streets or in public places during the hours between 10:00 p.m. and 6:00 a.m., unless the juvenile's parent or guardian is in the physical presence of the juvenile or unless the juvenile has a particular purpose as set forth in this chapter for his being in a public street or public place between the hours of 10:00 p.m. and 6:00 a.m. Police officers enforcing this chapter shall enforce it against any and all juveniles who are in or about the public streets, boardwalk or public places of the Township of Jackson unaccompanied by their parent or guardian or not having a specific, particular purpose as authorized by this chapter for their movements in the absence of a parent or guardian.
It shall be no defense to any violation charge hereunder that a guardian was completely indifferent to the activities or conduct or whereabouts of such juvenile who is charged with the violation of this chapter.