[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.]
GENERAL REFERENCES
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:
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
D.
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.
