[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.
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.
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:
A.Â
When accompanied by a parent or guardian of such juvenile.
B.Â
When engaged in or traveling to or from business or occupation which
the laws of this State authorize a juvenile to perform.
C.Â
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.
D.Â
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.
E.Â
When the juvenile is on the sidewalk or place immediately fronting
where such juvenile resides.
F.Â
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.
