There is established a juvenile curfew prohibiting and controlling
the activities of juveniles within the Township in accordance with
the provisions as hereinafter set forth, and during the following
periods of time:
A. Halloween curfew. On Halloween
night, October 31 of each year, and for the period of time commencing
on October 26 of each year and ending on November 2 of said year.
B. Emergency curfew. Whenever the
Township Committee, upon recommendation of the Chief of Police, shall
determine after due investigation and deliberation that the incidents
of potential harm to juveniles, or juvenile delinquency within the
Township has or is about to reach such a level of frequency or severity
as to present a clear and present danger to the public peace, safety,
health, morals and welfare, then and in that event, the Township Committee,
may, by resolution, declare that a temporary emergency exists in the
Township. Upon the declaration of such temporary emergency, the Township
Committee shall, by resolution:
(1) Proclaim a temporary curfew
in the Township for a period of not more than 90 days and for such
hours as hereinafter set forth or such additional hours and under
such conditions as prescribed by the Township Committee, invoking
all of the other restrictions, provisions and penalties of this article.
(2) The temporary curfew shall
be continued and extended by the Township Committee for such additional
periods, hours and conditions as prescribed by the Township Committee
for not more than 90 days each, if and only upon further investigation
and deliberation of the police and Township Committee before each
such additional authorized period and upon recommendation of the Chief
of Police, the Township Committee finds that a temporary emergency
as referred hereinabove continues to exist in the Township.
(3) At any time during the period
that a temporary curfew has been proclaimed, continued or renewed
under this article, the Township may review the situation with regard
to the declared temporary emergency in the Township, and may declare
that a temporary emergency no longer exists in the Township, and upon
such determination, shall immediately rescind and revoke the curfew.
(4) Notice of the existence of
the declaration of a temporary emergency and the imposition of a temporary
curfew and the regulations established hereunder shall be immediately
disseminated to the public by the Township Clerk utilizing such means
as are available to the Township Clerk, including, but not limited
to, posting of such resolution in the Township municipal building
and Police Department headquarters, telephoning or telefaxing such
resolution to the official newspaper of the Township and such other
appropriate daily newspapers generally circulating in the Township,
providing notice, when schools are in session, to the superintendent
and/or principals of the schools located within the Township, and
any such other means to disseminate the information to the public.
During a curfew period, no juveniles under the age of 18 years
shall be on any of the public streets, roads, thoroughfares, highways,
sidewalks, bridges, plazas, alleys, parks, recreation or shopping
areas or other public buildings, structures, areas or places of or
within the Township between the hours of 9:00 p.m. and 6:00 a.m.,
unless:
A. Such juvenile
is accompanied by his or her parent, guardian or other person having
legal care or custody of such juveniles;
B. The juvenile
is engaged in or traveling to or from a business or occupation which
the laws of New Jersey authorize a juvenile to perform; or
C. The juvenile
is involved in a medical emergency, or a school, civil, church or
legitimate social, cultural or educational function supervised by
adults.
No parent, guardian or other person having the legal care or
custody of a juvenile under the age of 18 years shall allow or permit
an unaccompanied juvenile during the aforesaid curfew periods to be
in or upon any public streets or other public places in the Township
between the hours of 9:00 p.m. and 6:00 a.m. except for those activities
exempt as hereinabove set forth.
[Amended by Ord. No. 06-03; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
Any juvenile under the age of 18 years violating or failing
to comply with any of the provisions of this article, upon conviction
thereof, shall be required to perform community service and may be
subject to a fine of up to $1,000. Any parent, guardian or legal custodian
of any juvenile under the age of 18 years allowing an unaccompanied
juvenile to be on any public street or in any public place during
the curfew period and the hours as aforesaid shall be required to
perform community service together with the juvenile, as determined
by the court.