[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne 5-14-1992 by Ord. No. 1992-4 (Ch. 49 of the 1976 Code). Amendments noted where applicable.]
[Amended 8-13-1992 by Ord. No. 1992-12; 11-10-2005 by Ord. No. 2005-17; 11-8-2007 by Ord. No. 2007-21]
It shall be unlawful for any child under the age of 18 years to wander, ride, run through or stroll through or remain upon any of the streets, highways, roads, alleys, parks, roadways or other areas or places open to the public or upon private lands not belonging unto such child or ward or his or her blood relatives, without the permission of any owner not related to said child or ward by blood, in the Borough of Woodlynne, New Jersey, between the hours of 8:00 p.m. and 6:00 a.m., prevailing time, of the following day on Sunday through Thursday, and 9:00 p.m. and 6:00 a.m., prevailing time, of the following day on Friday and Saturday of each week during the school year between September 1 through June 15; provided, however, that such minor may be accompanied by his or her parent or parents, legal guardian or some duly authorized and accredited custodian of at least 21 years of age who exercises control of such minor as hereinafter provided.
[1]
Editor's Note: The recitals to Ord. No. 1992-4, which originally preceded this section, stated as follows: "The Borough hereby determines that a curfew is necessary to further the public health, safety, morals and general welfare of the Borough and specifically to further the following Borough interests:
1. The reduction of the incidents of juvenile criminal activity.
2. The protection of the public from nocturnal mischief by minors.
3. The enforcement of parental control of and responsibilities for their children.
4. The protection of the younger children from each other and from other persons on the streets during nighttime hours."
[Amended 8-13-1992 by Ord. No. 1992-12; 11-9-1995 by Ord. No. 1995-15]
It shall be unlawful for any child under the age of 17 years to wander, ride, run through or stroll through or remain upon any of the streets, highways, etc., after the hour of 6:00 p.m., prevailing time, on that date designated each year for the celebration of Halloween and on the two days preceding the Halloween celebration, unless such minor is accompanied by his or her parent or parents, legal guardian or some duly authorized and accredited custodian of at least 21 years of age who exercises control of such minor as provided in this chapter.
A. 
Trick-or-treating in the Borough of Woodlynne shall take place between the hours of 3:00 p.m. and 6:00 p.m. only.
[Added 12-13-2001 by Ord. No. 2001-7; amended 11-13-2008 by Ord. No. 2008-16]
B. 
All minors under the age of 18 must be indoors by 6:00 p.m. on Mischief Night and Halloween.
[Added 11-13-2008 by Ord. No. 2008-16]
No one, including adults, except employees of the Woodlynne Board of Education or their authorized representatives, shall be permitted to enter or remain upon any school grounds or buildings under control of the Woodlynne Board of Education within the Borough of Woodlynne from dawn to dusk, which time shall be established as 6:00 p.m. to 6:00 a.m., Eastern standard time, and 9:00 p.m. to 6:00 a.m., daylight saving time. These curfew hours shall be in effect each day of the week, including Friday and Saturday. In furtherance of this section, the Woodlynne Board of Education shall post and maintain a notice against such trespass in a manner prescribed by law or as reasonably likely to come to the attention of intruders.
[Amended 8-13-1992 by Ord. No. 1992-12]
It shall be unlawful for any parent, legal guardian or some duly authorized or accredited custodian having lawful care or custody of any child under the age of 17 years to knowingly allow or permit or by inefficient control allow any such child or ward to wander, ride, run through or stroll through or remain unaccompanied upon any of the streets, highways, roads, alleys, parks, roadways or other areas or places open to the public or upon private lands not belonging unto such child or ward or his or her blood relatives, without the permission of any owner not related to said child or ward by blood, in the Borough of Woodlynne, New Jersey, within the periods and hours established and prohibited for use by a child or children of the ages aforesaid in the preceding § 258-1, entitled "Curfew hours for minors," of this chapter unless escorted or attended by a parent, legal guardian or duly authorized and accredited custodian, except as hereinafter provided.
[Amended 8-13-1992 by Ord. No. 1992-12]
The term "knowingly," as referred to in § 258-4, includes knowledge which a parent 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 parents up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile. Additionally, if it is established that any minor under the age of 17 has violated the provisions of this chapter a second or subsequent time, then it shall be presumed, in the absence of proof to the contrary, that the parent, legal guardian or duly authorized and accredited custodian as hereinafter provided knowingly permitted the juvenile to do so.
[Amended 8-13-1992 by Ord. No. 1992-12]
The provisions of this chapter shall not apply to any minor child under the age of 17:
A. 
Who shall be gainfully or lawfully employed or to any minor child who shall be a bona fide student of a school, college or university of evening instruction or to any child who shall be in attendance at an evening function sponsored by a religious or school organization or who shall be in attendance at a properly supervised recreational program during the time necessarily required to travel between said place of employ, school, function or program and the minor child's residence.
B. 
When accompanied by a parent, legal guardian or duly authorized and accredited custodian of the juvenile.
C. 
When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech or the right of assembly. The juvenile evidences the bona fides of such exercise by first delivering to the Chief of Police or his or her designee at police headquarters, 200 Cooper Avenue, a written communication, signed by the juvenile with his or her home address and telephone number, specifying when, where and in what manner the juvenile will be on the streets at night (during hours when this chapter is otherwise applicable to said minor) in the exercise of a First Amendment right described in such communication.
D. 
When the juvenile is, with parental consent, traveling in a motor vehicle for the purpose of direct interstate or intrastate movements along routes through the Borough of Woodlynne, such travel beginning or ending in the Borough of Woodlynne.
E. 
In emergencies as defined in § 258-7 herein.
[Amended 8-13-1992 by Ord. No. 1992-12]
A. 
Should an emergency arise necessitating a minor child under the age of 17 being dispatched upon an errand requiring his or her presence upon any street, highway, road or roadway or any other place or area open to the public during the hours to which the use hereof by such unattended minor child is prohibited hereunder, such child shall have in his or her possession a note or message, in writing, signed by a person of his or her household over the age of 21 stating the nature of the errand, the necessity thereof, the place of destination at which the mission is to be accomplished, the time such message was executed and the approximate time required for the errand.
B. 
Any abuse of the purpose or spirit of this section shall constitute a violation of the provisions of this chapter punishable as hereinafter provided.
Any policeman or special officer duly appointed by the Borough Council of the Borough of Woodlynne is hereby authorized and empowered to take into custody any such minor child who may be in the act of violating the provisions of this chapter. If a police officer reasonably believes that a juvenile is in violation of this chapter, the officer shall notify the juvenile that he or she is in violation thereof and shall require the juvenile to provide his or her name, address, telephone number and how to contact his or her parent or guardian. The juvenile shall then either be taken to his or her place of residence and placed in custody of a parent, legal guardian or duly authorized and accredited custodian of the juvenile or the officer shall take the juvenile to police headquarters, where a parent, legal guardian or duly authorized and accredited custodian of the juvenile shall immediately be notified to come for the juvenile and take custody thereupon. In either case, the police officer shall notify the parent, legal guardian or duly authorized and accredited custodian of the juvenile of the violations and penalties associated with a conviction of this violation in Municipal Court. The police officer shall also complete the appropriate documentation of the incident as set forth by the Chief of Police. Should the incident be a first offense for this juvenile, the police officer may, at his or her discretion, waive the issuance of a summons for the violation of this chapter as set forth herein. Should this be a second or subsequent violation, however, the applicable summons shall be issued as provided herein.
[Amended 8-13-1992 by Ord. No. 1992-12]
A. 
A minor child under the age of 17 years of age convicted of violating any of the provisions of this chapter shall be punished by a fine not in excess of $100 for the first offense and for a subsequent offense by a fine not in excess of $250 or by imprisonment not to exceed 10 days, or by both fine and imprisonment. In addition to the penalties provided herein, the Court may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community-related services and the imposition of conditions reasonably related to the rehabilitation of the violator, including but not limited to educational, vocational or other social service programs. Any juvenile who shall violate the provisions of this chapter more than three times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Police Chief or his or her designee may proceed to file such charges with the Camden County Juvenile and Domestic Relations Court as he or she may deem appropriate.
B. 
A person of the age of 17 years or older, including but not limited to any parent, legal guardian or duly authorized and accredited custodian of the juvenile, convicted of violating any of the provisions of this chapter shall be punished by a fine not in excess of $500 and imprisonment; provided, however, that any such person convicted of a second or subsequent violation shall pay a fine not less than $250. In addition to the penalties provided herein, the Court may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community-related services and the imposition of conditions reasonably related to the rehabilitation of the violator, including but not limited to educational, vocational or other social service programs.
If any section, paragraph or subsection, clause or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of this chapter as a whole or any part thereof.
All ordinances and parts of ordinances inconsistent with the provisions of this chapter are hereby repealed.