[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 4-14-1993 by Ord. No. 93:04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 44.
Disorderly conduct — See Ch. 114.
Peace and good order — See Ch. 189.
[1]
Editor's Note: This ordinance also superseded former
Ch. 112, Curfew, adopted as Ch. 50 of the 1973 Code, as amended 9-12-1990
by Ord. No. 90:09.
The purpose of this chapter is to establish regulations to implement
P.L. 1992, c. 132,[1] and accordingly, the legislative purpose of said enactment
is incorporated herein for the reasons as stated, and to further provide
penalties as set forth therein upon conviction for violations of any
of the provisions set forth herein.
[1]
Editor's Note: See N.J.S.A. 40:48-2.52.
For the purpose of this chapter, certain words and phrases are
defined as follows:
Any 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 a parent or is responsible for the care and welfare of the
juvenile.
Any individual who is under the age of 18 years.
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.
[Amended 2-9-2000 by Ord. No. 2000:01]
A.
It shall be unlawful for a juvenile of any age under 18 years to
be on any public street or in a public place between the hours of
10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's
parent or guardian.
B.
It shall be unlawful for a juvenile of any age under 18 years to
be on any public street or in a public place between the hours of
7:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's
parent or guardian for October 28, 29, 30 and 31 of each year.
C.
It shall be unlawful for any person to be on or in any municipal
recreational facility, such as a park, baseball field, basketball
court, etc., between the hours of 9:00 p.m. and 6:00 a.m. unless said
municipal recreational facility has lighting to provide full illumination
for such facility's activities and unless said person is participating
in an organized activity that has supervision over such activity.
[Amended 2-9-2000 by Ord. No. 2000:01]
It shall be unlawful for any parent or guardian to allow an
unaccompanied juvenile to be on any public street or in any public
place between the hours of 7:00 p.m. and 6:00 a.m. for October 28,
29, 30 and 31 of each year and between the hours of 10:00 p.m. and
6:00 a.m. for every other day of the year.
The provisions of this chapter shall not apply to any juveniles
engaging in errands involving medical emergencies and attending extracurricular
school activities, activities sponsored by religious or community-based
organizations and other cultural, educational and social events after
10:00 p.m. and before 6:00 a.m.
A.
Any member of the Police Department of the Borough of Somerdale concerned
with the violation of this chapter is hereby authorized and empowered
to take into his or her temporary custody any juvenile who may be
violating this chapter. Said officer shall forthwith return said juvenile
to his or her home and notify the parent or guardian of the violation
of this chapter and shall report said violation to the Police Chief
of the Borough of Somerdale, the Director of Public Safety of the
Borough of Somerdale and the Chairman of the Juvenile Committee, who
shall keep an adequate record thereof. Said officer shall make such
further investigation as may be necessary as required under the circumstances
of the violation.
B.
When any juvenile has in his or her possession a note signed by a parent or guardian stating that said juvenile is engaged in an errand involving a medical emergency or is attending an extracurricular school activity, an activity sponsored by a religious or community-based organization or any other cultural, educational or social event and which also states the necessity thereof, the place to which said juvenile is going, the time said note was issued and the time required for such errand, activity or event, then the enforcement provisions of § 112-6A above shall not be applicable.
Any person who violates any provisions of this chapter shall,
upon conviction thereof, be required to perform community service
and may be subject to a fine of not less than $100 nor more than $1,000.
If both a juvenile and the juvenile's parent or guardian violate
any provision of this chapter, they shall be required to perform community
service together.
