[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 86, § 86-5, of the 1994 Code of Ordinances. Amendments noted where applicable.]
Peace and good order — See Ch. 345.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- OFFENSES AGAINST THE PUBLIC PEACE, SAFETY AND MORALS
- Includes but is not limited to the following violations: muggings, assaults, assault and battery, consumption of alcoholic beverages on a public street, drunkenness, begging, and the sale and use of narcotics or other drugs.
- The exercise of control over a minor child, knowing his whereabouts, and knowing with whom he associates and in what activities he may engage which could affect or offend the public peace, safety and morals.
It shall be unlawful for any parent, legal guardian or other person having the care or custody of a minor child under 18 years of age, by any act or word or the failure to act, or by the lack of supervision and control over the minor child, to encourage, contribute toward, cause or tend to cause the child to become delinquent by reason of the activity of the minor child within the Township.
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of 18 to assist, aid, abet, allow, permit or encourage the minor to violate the provisions of this chapter or any other statute of the state or ordinance of the Township, either by overt act, by failing to act or by lack of supervision and control of such minor child.
The fact that a child under the age of 18 years is apprehended while on any public street, highway, alley or park during the hours of any curfew shall be prima facie evidence of a violation of this chapter on the part of the parents, legal guardian or other person having custody or care of the minor.
The procedure contained in this section is established as a deterrent to juvenile acts of vandalism and to parental neglect of child supervision pursuant to N.J.S.A. 2A:53A-14.
Any person under the age of 18 years apprehended for the violation of the statutes of the state or any ordinances of the Township shall be brought forthwith before a judge of the Juvenile Division of the County Juvenile and Domestic Relations Court. Upon the Court's determination that the minor is a delinquent, the Chief of Police or his designated agent shall forthwith serve written notice of the conviction upon the parents, legal guardian or other person having custody or care of such juvenile, together with a written warning, in a form approved by the Township Attorney, of the penalties and other provisions of this chapter with respect to the conviction for a second offense by such minor. A record of such notification shall be kept by the Police Division. The failure to provide supervision by the parent, legal guardian or other person having custody of such minor child, as evidenced by a finding of delinquency on a second offense, shall cause the parent, legal guardian or other person having custody of the minor child to be subject to the provisions of this chapter as well as to the provisions of N.J.S.A. 2A:53A-15 and 2A:53A-16.
The remedy provisions of this chapter shall be cumulative, not exclusive, and the state or any other person shall have the right to proceed under any other legally available remedies.
In addition to those procedures established as a deterrent to juvenile acts of vandalism and to parental neglect of child supervision pursuant to N.J.S.A. 2A:53A-14, and upon the conviction of any juvenile under the age of 18 years for any high misdemeanor, misdemeanor or violation of any statutes of the state or ordinances of the Township, which acts include vandalism and destruction or damage to realty, personalty, pets, animals, livestock or other chattel, the parent or lawful guardian of such juvenile shall be responsible for financial reimbursement to the victim of such crime or offenses.
A complaint shall issue and, upon determination by the court that there in fact have been financial losses suffered by the victim, the court shall determine the amount of restitution to be made within a prescribed time but not longer than 30 days.
Imposition of restitution pursuant to this section shall not preclude civil recovery as set forth in N.J.S.A. 2A:53A-14 et seq.