[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.
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.
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.
B.
The provisions of this section shall not apply to a juvenile when
any one of the following circumstances are present:
(1)
When the juvenile is accompanied by a parent or guardian or other
adult having the care and custody of the juvenile.
(2)
Where the juvenile is upon a medical emergency, errand or legitimate
business directed by the juvenile's parent or guardian.
(3)
When the work time of the juvenile who is gainfully employed overlaps
the curfew hours.
(4)
When the juvenile is in attendance at a function sponsored by a religious
or educational organization.
(5)
When the juvenile is in attendance as a bona fide student at an evening
school of instruction.
(6)
When the juvenile is in attendance at a civic, cultural, recreational
or social function.
(7)
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.
