[HISTORY: Adopted by the Common Council of the City of Corbin City 11-8-2004 by Ord. No. 5-2004. Amendments noted where applicable.]
By enactment of the Senate and General Assembly of the State of New Jersey, the legislature has found and declared, and this City Council adopts such findings and declaration, that children that are left unsupervised during the overnight hours may be exposed to the most detrimental influences, that the allure of unsupervised gatherings may promote irresponsible behaviors, the potential for involvement in criminal activity, and other potential threats to physical and mental health and welfare of children, which justifies governmental action in furtherance of the protection of one of the most fragile and easily influenced segments of our society. The legislature has further found and declared and this City Council adopts such finding and declaration that is in the best interest of society to encourage family unity; to encourage the family unit to provide for the care, protection, and wholesome mental and physical development of children; to encourage the supervision of children by their parents and guardians and to encourage communication between them.
The legislature has further found and declared and this City Council adopts such findings and declaration that because of the peculiar vulnerability of children, their inability to make critical decisions in an informed mature manner, and the importance of the parental role in child rearing, it is appropriate to enact an ordinance protecting the children from the dangers of the streets and to encourage the deepening of familial relationship.
- CHIEF OF POLICE
- The chief law enforcement officer of the City of Corbin City. Where and when the City is under the police jurisdiction of the New Jersey State Police, the chief law enforcement officer shall be the State Police Officer in charge of the State Police Barracks assigned to patrol the City of Corbin City. The Police Station for the City shall, in such case, be the assigned State Police Barracks.
- A person, other than a parent, to whom legal custody of the juvenile has been given by Court Order 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 18 years.
- PUBLIC PLACE
- Any place to which the public has access, including, but not limited to, a public road, street, 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.
It shall be unlawful for any juvenile to be on any public street or in a public place in the City between the hours of 10:00 p.m. and 6:00 a.m., prevailing time, except as otherwise expressly permitted herein.
A juvenile shall not be considered in violation of this section under the following exceptional circumstances:
When accompanied by a parent or guardian of such juvenile.
When engaged in or traveling to or from business or occupation which the laws of this State authorize a juvenile to perform.
When engaged in errands involving medical emergencies or attending extracurricular school activities, activities sponsored by religious or community-based organizations, and other cultural, education and social events during the hours prescribed in subsection 40-3 above.
When exercising First Amendment rights protected by the United States Constitution, including, but not limited to the free exercise of religion, freedom of speech and the right of assembly. The juvenile shall confirm the bona fides of such exercise by first delivering to the City Clerk, 48 hours in advance, a written communication, signed by the juvenile and countersigned by a parent or guardian of the juvenile with their home address and telephone number, specifying when, where and in what manner the juvenile will be on the street at night (during the hours when this section is otherwise applicable to the juvenile) in the exercise of the First Amendment Rights specified in such communication.
When the juvenile is on the sidewalk or place immediately fronting where such juvenile resides.
When the juvenile is, with parental consent, in a motor vehicle for the purpose of direct interstate or intrastate movements along streets or roads in the City, such travel beginning or ending in the City.
It shall be unlawful for a parent or guardian of a juvenile to knowingly permit or by inefficient control to allow a juvenile to be on any public street or in a public place in the City between the hours prescribed in § 40-3 above, under circumstances not constituting an exception to or otherwise beyond the scope of the curfew ordinance. The term "knowingly" shall include knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of the juvenile in that parent's or guardian's legal custody. It is intended to continue to keep neglectful or careless parent or guardians up to a reasonable community standard of a parent's responsibility. It shall therefore be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.
If a police officer concludes that a juvenile is on the streets or public places in violation of this section the officer shall notify the juvenile that he or she is in violation of this section and shall require the juvenile to provide his or her name, address and telephone number and the means by which to contact the juvenile's parents or guardians. The juvenile shall then be taken to the Police Station, where a parent or guardian shall immediately be notified to come for the juvenile. A complete record of the circumstances under which the juvenile was first found in violation of this section shall be made, and such record shall include the name and address of the juvenile, the names and addresses of all persons who have any legal or moral obligation, or direct interest in the juvenile's well being and the nature of such obligation or interest, i.e., parent, guardian, custodian, etc. When a parent or guardian has come to take charge of the juvenile and the appropriate information has been recorded, the juvenile shall be released to custody of such parent or guardian. If the parent or guardian cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the appropriate juvenile authorities, except to the extent that, in accordance with police regulations, approved in advance by the juvenile authorities, the juvenile may temporarily be entrusted to an adult relative, neighbor or other person who will on behalf of a parent or guardian, assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.
Violators of this section shall be required to perform up to and including 180 hours of community service and shall be subject to a fine of from $100 up to $1,000. If both the juvenile and the juvenile's parent or guardian violate this section, they shall be required to perform together any community service term imposed hereunder.