[Ord. 427, 4/4/2006]
Definitions and interpretation. In this Part, the singular shall
include the plural, the plural shall include the singular; and the
masculine shall include the feminine and the neuter. As used in this
Part, the following terms shall have the meanings indicated, unless
a different meaning clearly appears from the context:
MINOR
Person under the age of 18 years.
PARENT
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this Part, "parent" shall mean one or both parents.
PUBLIC PLACE
Any public street, alley, sidewalk, park, playground, public
building or vacant lot in the Township of Baldwin.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more persons in which any minor involved would not
be using the streets, for emergencies or ordinary purposes such as
mere passage of going home.
[Ord. 427, 4/4/2006]
This is a Curfew Ordinance prescribing, in accordance with prevailing
community standards, regulations for the conduct of minors on streets
at night, for the protection of younger children in the Township from
each other and from other persons on the streets during nighttime
hours, for the enforcement of parental control and responsibility
for their children, for the protection of the public from nocturnal
mischief by minors and for the reduction of the incident of juvenile
criminal activity, all for the good of minors, for the furtherance
of family responsibility, and for the public good, safety and welfare.
[Ord. 427, 4/4/2006]
It is hereby made unlawful for any parent, guardian or the person
having the legal care or custody of a minor to allow or permit such
minor to violate any of the provisions of this Part without legal
justification therefor.
[Ord. 427, 4/4/2006]
Any minor found upon the streets, alleys, parks or public places within the Township of Baldwin in violation of §
6-403 shall be taken into custody by the Township of Baldwin police or legally deputized individual, and be delivered to his parent(s), guardian, or person having the legal custody of said minor, at which time both the minor and parent(s), guardian, or person having the legal custody of said minor shall be given and acknowledge in writing their receipt of a copy of this Part. A report of the foregoing, along with the written acknowledgment of receipt of this Part, shall be filed and kept in a book for that specific purpose. Upon the second violation by the said minor of §
6-403 hereof, said minor shall be issued a citation and shall be remanded to the magisterial district judge for disposition. Additionally, said parent(s), guardian or person having the legal custody of said minor shall, having allowed him again to be on the streets, alleys, parks or public places in violation of §
6-403, upon such second violation by the said minor of §
6-403 hereof and having received a copy of this Part at the time of the first violation, be issued a citation for violation of §
6-404 of this Part and shall be remanded to the magisterial district judge for disposition.
[Ord. 427, 4/4/2006]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 427, 4/4/2006]
Any minor who shall violate this Part more than three times may, at the discretion of the proper Township of Baldwin officials, be reported to a society or organization the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason for the provisions of §
6-402 of this Part cannot be made effective by the imposition of fines and penalties.
[Ord. 427, 4/4/2006]
The police officers of the Township of Baldwin in taking minors
into custody shall use their discretion in determining age and in
doubtful cases may require positive proof of age. Until such proof
is furnished, the officer's judgment shall prevail.