[HISTORY: 1968 Code Chapter 26 §§ 26-1 —
26-11 as amended through 12-28-2015. Amendments noted where applicable.]
For purposes of this chapter, the following definitions shall
be utilized:
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order or who is acting in the place
of the parent or is responsible for the care and welfare of the juvenile.
An individual under the age of 18 years.
Any place to which the public has access, including but not
limited to a public street, road, 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 a juvenile to be on any public street
or public place in the Borough of Wildwood Crest between the following
hours:
The provisions of Section 26-2 above shall not apply under any of the following circumstances:
A.
When the juvenile is accompanied by his/her parent or guardian.
B.
When the juvenile is engaged in, or traveling to or from a business
or occupation which the laws of the State of New Jersey authorize
a juvenile to perform.
C.
When the juvenile is in attendance at an extracurricular school activity,
activity sponsored by a religious or community based organization,
or other cultural, educational or social event.
D.
When the juvenile is engaged in errands involving a medical emergency.
(N.J.S.A. 40:48-2.52)
Upon the initial occurrence of a violation of this chapter by
a juvenile, the juvenile may, in the discretion of the Borough of
Wildwood Crest Police Department, be issued a written warning or summons.
In the event that a written warning is issued, such written warning
shall serve as first notice that a violation has occurred and that
any subsequent violation or violations within one year of said warning
will result in the signing of complaints against both the juvenile
and the parent or guardian thereof.
If it should be established that any juvenile remained idle,
loitered, wandered, strolled or remained in, or upon any of the public
places as defined above within the Borough of Wildwood Crest in violation
of the provisions of this chapter, then it shall be presumed, in the
absence of proof to the contrary, that the parent or guardian having
the care, control or custody of such juvenile knowingly permitted
such juvenile to do so.
Any juvenile obtaining employment which may result in an exemption from the terms of this chapter pursuant to Section 26-3B shall, upon making application for working papers, obtain an identification card issued by the Police Department of the Borough of Wildwood Crest indicating the name and address of his/her employer. Said identification card shall be available from the Borough of Wildwood Crest Police Department or from the Crest Memorial School in the office therein charged with the issuance of working papers. Any juvenile who shall be found on the public streets or in any public place in the Borough of Wildwood Crest in violation of this chapter who seeks exemption under Section 26-3B of this chapter shall carry his/her identification card with him/her at all times. Failure to have said identification card in his/her possession and/or to produce same upon request by a duly constituted police officer of the Borough of Wildwood Crest shall create a presumption that the juvenile is in violation to the terms of this chapter and shall constitute probable cause for the filing of a complaint against the juvenile and/or the parent or guardian of said juvenile.
Notice of the existence of this chapter and of the curfew regulations
established by it shall be posted in or at such public places as may
be established by the Chief of Police of the Borough of Wildwood Crest
in order that the public may be constantly informed of the provisions
hereof.
Any person convicted of a violation of this chapter shall be
subject to the performance of not more than 180 days of community
service or a fine of not more than $1,000 or both. If both a juvenile
and the juvenile's parent or guardian shall be convicted of a
violation of this chapter, they shall be required to perform community
service together.
All ordinances in conflict or inconsistent with this chapter
are hereby repealed to the extent of any such conflict or inconsistency.
In the event any part or provision of this chapter should be
determined to be invalid or unconstitutional, such invalidity shall
not affect the remaining parts or provisions of this chapter which
are deemed to be severable.
