[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City as indicated in article histories. Amendments
noted where applicable.]
[Added 2-6-1992 by Ord.
No. 8-1992]
The purpose of this article establishing a curfew for minors
is to help prevent juvenile delinquency and crime in the city, while
at the same time safeguarding the constitutional rights of such minors
and protecting said minors from dangers and abuses not affecting adults.
[Amended 11-1-1984 by Ord. No. 10-1984]
It shall be unlawful for any child under the age of 18 years
of age to be upon a public street, alley, park, public place or establishment
or any place of public amusement or recreation after the hour of 10:00
p.m. on each and every Sunday, Monday, Tuesday, Wednesday and Thursday
until 6:00 a.m. of the following morning and after the hour of 11:30
p.m. on each and every Friday and Saturday until 6:00 a.m. of the
following morning, unless accompanied by the parent, guardian or other
adult person having the care and custody or control of such minor.
[Amended 11-1-1984 by Ord. No. 10-1984; 12-3-1998 by Ord. No. 28-1998]
It shall be unlawful for the parent, guardian or any person having the care, custody or control of any child under the age of 18 years to permit such child to loiter upon or be in any of the places mentioned in §
39-1 hereof at any time between 10:00 p.m. on each and every Sunday, Monday, Tuesday, Wednesday and Thursday and 6:00 a.m. of the following morning, and between 11:30 p.m. on every Friday and Saturday and 6:00 a.m. of the following morning, unless accompanied by such parent, guardian or other person having the care, custody or control of such child.
[Added 2-6-1992 by Ord.
No. 8-1992]
It shall be unlawful for the owner and/or operator of any quasi-public
or any other place open to the public in the City of Gloucester City
to allow or permit any minor under the age of 18 years to remain on
or about such premises in violation of this article.
[Added 2-6-1992 by Ord.
No. 8-1992]
The provisions of this article shall not apply to any minor
who shall be gainfully and lawfully employed, or shall be a bona fide
evening student of any school, college or university of evening instruction,
or who shall be in attendance at any evening function sponsored by
a religious or school organization, or who shall be on an errand which
arose from emergent circumstances, during the time necessarily required
to travel between such minors' residence and any of the aforesaid
places at a given time; provided, however, that the parent, legal
guardian or other duly authorized and accredited custodian must at
all times be ready to account for the travel period allowed hereunder
and be responsible for the unforeseen incidents if a minor under 18
years of age shall wander from the safest and most direct route of
travel between the said minor's residence and any of the aforesaid
places.
[Added 2-6-1992 by Ord.
No. 8-1992; amended 12-3-1998 by Ord. No. 28-1998]
The first duty of the apprehending officer or official shall
be to take into protective custody the minor under 18 years of age
who has violated this article. Said officer or official shall then
make a complete record of the circumstances under which the said minor
was first seen or discovered in the apparent violation of this article,
and such record shall include the names and addresses of all persons
who have either legal or moral obligation for the said minor's wellbeing
and the nature of such obligation (i.e., parent, guardian, custodian,
etc.). Upon completion of a record of all the salient facts available,
said officer or official shall personally return the minor to his
home or place of residence immediately, at which time said officer
or official shall inform the parent or legal guardian with whom said
minor resides that, upon the event of a subsequent violation by said
minor, such parent or legal guardian shall be fined and summoned before
the Municipal Court of the City of Gloucester City, and that at the
time of appearance before said court there will be a complete review
of all the facts and circumstances in the case. Upon issuance of a
summons for violation of this chapter, said officer or official shall
then forward the report described in this section to the Municipal
Court Administrator of Gloucester City in the event of a violation
by said minor, parent, legal guardian or owner or operator of a public
place.
[Added 2-6-1992 by Ord.
No. 8-1992]
It shall be the duty of the Police Department of the City of
Gloucester City to serve formal notice upon any parent, guardian,
owner or operator that there has been a violation of this article
and that a subsequent violation will result in the issuance of a fine.
The notice prescribed shall be captioned "Notice of First Violation
of Curfew Ordinance" and shall contain all the pertinent facts in
a given case. Such notice shall be served by the Police Department
of the City of Gloucester City, by certified mail.
[Amended 12-5-1974; 12-3-1998 by Ord.
No. 28-1998]
A. In accordance with N.J.S.A. 40:48-2.52, any minor, juvenile, parent
or guardian found guilty of violating any of the provisions of this
chapter shall be required to perform community service and may be
subject to a fine of up to $2,000. If both a minor or juvenile and
the minor's parent or guardian violate any of the provisions of this
chapter, they shall be required to perform community service together.
Community service may include the attendance at parenting skills programs.
[Amended 6-17-2021 by Ord. No. O09-2021]
B. Any operator of public places violating the provisions of this article
shall, upon conviction, be subject to a fine not exceeding $500 or
to imprisonment for a term not exceeding 90 days, or to both such
fine and imprisonment in the discretion of the Judge before whom conviction
is had.
All ordinances or parts of ordinances inconsistent with this
article, to the extent of such inconsistency, be and the same are
hereby repealed, and this article shall take effect after final passage
and publication as provided by law.
[Adopted 3-5-1998 by Ord.
No. 4-1998]
The purpose of this article establishing a school time day curfew
for children is to help prevent truancy, juvenile delinquency and
crime in the city, while at the same time safeguarding the constitutional
rights of such children and encouraging school attendance.
As indicated in this article, the following terms shall have
the meanings indicated:
CHILD
Any person under the age of 18 years.
ESTABLISHMENT
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
EXCUSED ABSENCES FROM SCHOOL
An absence that shall be excluded from counting toward the
accrual of days that deny students the privilege of attending the
secondary summer school program and counting toward the accrual of
days that lead to court action or dropping the student from the school's
register. Examples of excused absences are illness, death in the family,
religious holidays and approved college visitation for high school
seniors.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term "operator," as used in the penalty provisions of §
39-14 and applied to a partnership, association or corporation, shall include the partners of the partnership, the members of the association and the officers of the corporation.
PARENT
Any natural parent of any child, a guardian or any adult
person of the age of 21 years or over who is responsible for the care,
custody and control of any child.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground,
wharf, dock, public building or vacant lot in the city.
REMAIN
To loiter, stroll or play in or upon any establishment or
public place.
No child over the age of five years and under the age of 18
years shall remain in or upon any public place or establishment outside
any school grounds between the hours of 8:30 a.m. and 3:00 p.m. every
Monday through Friday while school is in session during the school
year.
In the following cases, a student shall not be considered in violation of §
39-11:
A. During an excused absence.
B. During an approved early dismissal from school.
C. When the student is enrolled in an approved work-experience program.
D. When the student is officially removed from the school register.
E. Parochial and private school students who have different school hours
or different holiday and vacation schedules during times while those
schools are not in session.
No parent, as defined in §
39-10 of this article, of any child over the age of five years and under the age of 18 years shall permit such child to remain in or upon any public place or establishment outside any school grounds between the hours of 8:30 a.m. and 3:00 p.m. every Monday through Friday while school is in session during the school year.
No operator, as defined in §
39-10 of this article, or his agents or employees shall knowingly permit any child over the age of five years and under the age of 18 years unaccompanied by a parent, as defined in §
39-10 of this article, to remain upon the premises of his establishment between the hours of 8:30 a.m. and 3:00 p.m. every Monday through Friday while school is in session during the school year.
[Amended 6-17-2021 by Ord. No. O09-2021]
Any parent or operator, as such terms are defined in §
39-10 of this article, who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days or community service not exceeding 100 hours, or a combination thereof.
All ordinances or parts thereof inconsistent with this article,
to the extent of such inconsistency, be and the same are hereby repealed.