[HISTORY: Adopted by the Township Committee of the Township
of Fairfield as § 3-2 of the 1980 Code. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Curfew
for Minors Ordinance" of the Township of Fairfield.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
Any person under the age of 18, or in equivalent phrasing
often herein employed, any person 17 or less years of age.
Any person having legal custody of a minor as:
A way or place, of whatsoever nature, open to the use of
the public as matter of right for purposes of vehicular travel or
in the case of sidewalk thereof for pedestrian travel. The term "street"
includes the legal right-of-way, including, but not limited to, the
cartway or traffic lanes, the curbs, the sidewalks, whether paved
or unpaved, and any grass plots or grounds found within the legal
right-of-way of a street. The term "street" applies irrespective of
what it is called or formally named, whether alley, avenue, court,
road or otherwise. The term "street" also includes shopping areas,
parking lots, public buildings or similar areas that are open to the
use of the public.
Referred to herein is based upon the prevailing standard
of time, whether Eastern standard time or Eastern daylight saving
time, generally observed at that hour by the public in the Township,
prima facie the time then observed in the police station.
The Township of Fairfield, Cumberland County, New Jersey,
with its principal office located at Municipal Building, Fairton-Gouldtown
Road, Fairton, New Jersey.
Continues from one birthday, such as the 17th, to (but not
including the day of) the next, such as the 18th birthday, making
it clear that 17 or less years of age is herein treated as equivalent
to the phrase, "under 18 years of age." Similarly, for example, 13
or less years of age means under 14 years of age.
A.
It shall
be unlawful for any person less than 18 years of age (under 18) to
be or remain in or upon the streets within the Township of Fairfield
at night during the period ending 5:00 a.m. and beginning at 11:00
p.m. for minors under the age of 18 years of age, Sunday through Thursday,
and 12:00 midnight on Friday and Saturday.
B.
It shall
be unlawful for a minor of any age under 18 years to be in any public
place during the hours when the minor is required to be in attendance
at either a public or nonpublic school unless the minor is accompanied
by a parent or guardian or is carrying written permission from the
minor's educational authority allowing the minor to be in a public
place.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
In the following exceptional cases, a minor on a Township street during the nocturnal hours for which § 217-3 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents, and fellow citizens) shall not, however, be considered a violation of this chapter:
A.
When accompanied by a parent of such minor.
B.
When accompanied by an adult authorized by a parent of such minor
to take said parent's place in accompanying said minor for a
designated period of time and purpose within a specified area.
C.
When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly, such minor shall evidence the bona fides
of such exercise by having in his possession a written communication,
signed by such minor and countersigned, if practicable, by a parent
of such minor with their home address and telephone number, specifying
when, where, and in what manner said minor will be on the streets
at night (during hours when this chapter is otherwise applicable to
said minor) in the exercise of the First Amendment right specified
in such communication.
D.
When the minor is attending specified school-related functions with
the written consent by a parent of such minor with their home address
and telephone number, specifying when, where, and in what manner said
minor will be on the streets at night (during hours when this chapter
is otherwise applicable to said minor).
E.
When the minor carries a certified card of employment or worker's
permit, pursuant to state law.
F.
When the minor is, with parental consent, in a motor vehicle. This
contemplates normal travel. This clearly exempts bona fide interstate
movement through the Township of Fairfield. This also exempts interstate
travel beginning in or ending in the Township of Fairfield.
G.
When the minor is engaged in an errand involving a medical emergency.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or by inefficient control to allow such
minor to be or remain on any Township street under circumstances not
constituting an exception to, or otherwise beyond the scope of, this
chapter. The term "knowingly" includes knowledge which a parent should
reasonably be expected to have concerning the whereabouts of a minor
in that parent's legal custody. It is intended to continue to
keep neglectful or careless parents up to a reasonable community standard
of parental responsibility through an objective test. It shall, a
fortiori, be no defense that a parent was completely indifferent to
the activities or conduct or whereabouts of such minor.
If a state police officer or other enforcement official reasonably
believes that a juvenile is on the streets in violation of this chapter,
the officer/official shall notify the juvenile that he or she is in
violation of this chapter and shall require the juvenile to provide
his or her name, address and telephone number and how to contact his
or her parent or guardian. In determining the age of the juvenile
and in the absence of convincing evidence such as a birth certificate
or driver's license, a state police officer or other enforcement
official on the street shall use his or her best judgment in determining
age. If the officer/official determines a person is in violation of
this chapter he or she shall take the juvenile to the police station
where a parent or guardian shall be notified to come for the juvenile
whereupon they shall be questioned. This is intended to permit ascertainment,
under constitutional safeguards, of relevant facts and to centralize
responsibility in the person designated there and then on duty for
accurate, effective, fair, impartial and uniform enforcement, and
recording, thus making available experienced personnel and access
to information and records.
A.
State police officer or other enforcement official procedures shall
constantly be refined in the light of experience and may provide that
the state police officer or other enforcement official may deliver
to a parent or guardian thereof a juvenile of tender age near home
whose identity and address may readily be ascertained or are known.
B.
A state police officer or other enforcement official discharging
an enforcement obligation under this chapter shall file a written
report with the state police or other enforcement official or shall
participate to the extent of the information for which he is responsible
in the preparation of a report on the curfew violation. It is not
the intention of this subsection to require extensive reports but
should have a reasonable amount of information for gathering of additional
information.
C.
When a parent or guardian, immediately called, has come to take charge
of the juvenile, and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent/guardian.
If the parent cannot be located or fails to take charge of the juvenile
then the juvenile shall be released to the juvenile authorities, except
to the extent that, in accordance with police regulations, approved
in advance by juvenile authorities, the juvenile may 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.
D.
In the case of the first violation of a juvenile, the state police
or other enforcement official shall, by certified mail, send to the
parents or guardians of the minor written notice of the violation
with a warning that any subsequent violation will result in full enforcement
of this chapter, including enforcement of parental responsibility
and of applicable penalties.
A.
If after receipt of a warning notice pursuant to § 217-6 of a first violation of a juvenile, a second curfew violation is adjudicated against the same minor, the parents or guardians of the minor shall be subject to prosecution under § 217-5. For the first parental offense, a parent shall be subject to a mandatory fine of not less than $50 and for each subsequent offense by a parent the minimum fine shall be increased by an additional $50; e.g., $100 for the second offense, $150 for the third offense, and the parent or guardian will be required to perform community service work in addition thereto. The Judge of the Municipal Court of the Township of Fairfield, upon a finding of guilty, may sentence the parent to pay this fine and costs of prosecution.
B.
Any juvenile who shall violate any of the provisions of this chapter
more than three times shall be reported by the state police or other
enforcement official to the juvenile authorities as a juvenile in
need of supervision and the state police or other enforcement official
may proceed to file such charges with the Superior Court of New Jersey,
Family Part, Cumberland County, as he may deem appropriate.
Notice of the existence of this chapter and of the curfew regulations
established by it shall be posted in, on or about such public or quasi-public
places as may be determined by the state police or other enforcement
official in order that the public may be constantly informed of the
existence of this chapter and its regulations.
