[Added 11-19-2012 by Ord.
No. 2012-10]
As used in this Article:
The Borough of Neptune City, Monmouth County, State of New
Jersey, a Municipal Corporation of the State of New Jersey having
its principal office located at 106 West Sylvania Avenue, Neptune
City, New Jersey.
A person under the age of 18, or an equivalent phrasing often
herein employed, any person 17 or less years of age.
Any person having legal custody of a minor, (a) as a natural
or adoptive parent; (b) as a legal guardian; (c) as a person who stands
in loco parentis; or (d) as a person to whom legal custody has been
given by Court order.
A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular traffic
or in the case of sidewalk thereof for pedestrian travel. The term
"street" includes the legal right-of-way, including but not limited
to, the traffic lanes, the curb, the sidewalks whether paved or unpaved,
and any grass plots or other grounds found within the legal right-of-way
of a street. The term "street" applies irrespective of what is called
or formally named, whether avenue, court, road, or otherwise. The
term "street" also includes shopping areas, parking lots, public buildings,
and similar areas that are open to the use of the public.
The prevailing standard of time, whether Eastern/Standard
Time or Eastern/Daylight Saving Time, generally observed at that hour
by the public in the borough, or then observed in the Police station.
Continuing from one birthday, such as the seventeenth (but
not including the day of) to the next such as the eighteenth birthday,
making it clear that 17 or less years of age is herein treated as
equivalent to the phrase "under 18 years of age." Similarly, for example,
13 or less years of age means "under 14 years of age."
It shall be unlawful for any persons 17 or less years of age
to be or remain in or upon the streets within the period ending at
6:00 a.m. and beginning:
A.
At 9:30 p.m., for minors 13 years of age and under; and
B.
At 11:00 p.m. for minors 14 or more years of age.
(1)
Except
on October 30 and October 31 each year, for which the curfew will
be established for any minors under the age of 17 beginning at 8:00
p.m. and ending at 6:00 a.m. prevailing time.
[Added 12-11-2023 by Ord. No. 2023-17]
C.
In addition, it shall be unlawful for any parent or guardian to allow
or permit any minor to be in or upon any public streets, highways,
roads, public places and/or public buildings, places of amusement
and/or entertainment, public transportation facility, public vehicles
used for transportation, vacant lots or other public places, within
the confines of the Borough at any hour in which said minor's school
is in session, unless such minor has been officially excused (excluding
suspension and expulsion) from attendance at such school by school
authorities.
D.
Similarly, it shall be unlawful for any owner, operator or employee
of an establishment to knowingly allow or permit any minor to remain
in or upon such establishment at any time during the hours in which
such minor's school is in session unless such child has been officially
excused (excluding suspension and expulsion from attendance at such
school by school authorities.)
In the following exceptional cases, a minor on a borough street during the periods of time prohibited under Section 97-12 shall not, however, be in violation of the curfew regulations when any of the following occur:
A.
When accompanied by a parent of such minor.
B.
When accompanied by an adult authorized by a parent of such minor
to take the parent's place in accompanying the minor for a designated
period of time and purpose within a specified area.
C.
When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly. Such minor shall evidence the bona fides
of such exercise by having in his/her possession a written communication,
signed by the minor and countersigned, if practicable, by a parent
of the minor with their home address and telephone number, specifying
when, where, and in what manner the minor will be on the streets at
night, an exercise of a First Amendment right specified in such communication.
D.
When the minor is returning home from night school, fraternity, church,
social or school meeting, or en route to, and returning from, a doctor
or dentist office, where treatment has been rendered or is to be rendered
by such doctor or dentist, provided such minor can evidence the rendering
of treatment or the need for treatment by a physician's statement.
E.
When the minor is no more than 50 feet from the minor's place of
residence.
F.
When the minor is returning home from their place of employment,
provided such minor can evidence this fact.
G.
When the minor is, with parental consent, in a motor vehicle. This
contemplates normal travel. This clearly exempts bona fide interstate
movement through the borough. This also exempts interstate travel
beginning or ending in the borough.
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or by inefficient control to allow such
minor to be or remain upon any borough street under circumstances
not constituting an exception, or otherwise beyond the scope of the
curfew. The term "knowingly" includes knowledge which a parent would
reasonably be expected to have concerning the whereabouts of a minor
in a parent's legal custody. It is intended to continue to keep neglectful
or careless parents up to a reasonable community standard or parental
responsibility through an objective test. It is no defense that a
parent was completely indifferent to the activities, conduct or whereabouts
of such minor.
If a police officer reasonably believes that a minor is on the
streets in violation of this Article the officer shall notify the
minor that he or she is in violation of the Article and shall require
the minor to provide his or her name, address and telephone number
and how to contact his or her parent or guardian. In determining the
age of the minor and in the absence of convincing evidence such as
a birth certificate or driver's license, a police officer on the street
shall use his or her best judgment in determining age. If the officer
determines that a person is in violation of this Article, he shall
take the minor to the police station where a parent or guardian shall
immediately be notified to come for the minor whereupon they shall
be questioned. This is intended to permit ascertainment, under constitutional
safeguards, of relevant facts and to centralize responsibility in
the person designated there and then on duty for accurate, effective,
fair, impartial and uniform enforcement, and recording, thus making
available experienced personnel and access to information and records.
A.
Police procedures shall constantly be refined in the light of experience
and may provide that the police officer may deliver to a parent or
guardian thereof a minor under appropriate circumstances, for example,
a minor of tender age near home whose identity and address may readily
be ascertained or are known.
B.
A police officer discharging an enforcement obligation under this
Article shall file a written report with the highest ranking sworn
officer and shall participate to the extent of the information for
which he is responsible in the preparation of a report on the curfew
violation. It is not the intention of this Article to require extensive
reports that will prevent police officers from performing their primary
police duties. The reports shall be as simple as is reasonably possible
and may be completed by police departmental personnel other than sworn
police officers.
C.
When a parent or guardian, immediately called, has come to take charge
of the minor, and the appropriate information has been recorded, the
minor shall be released to the custody to such parent. If the parent
cannot be located or fails to take charge of the minor, then the minor
shall be released to the minor authorities, except to the extent that
in accordance with police regulation, approved in advance by minor
authorities, the minor may temporarily be entrusted to an adult relative,
neighbor or other person who will on behalf of a parent or guardian
assume the responsibility of caring for the minor pending the availability
or arrival of a parent or guardian.
D.
In the case of a first violation by a minor the highest ranking sworn
officer shall, by certified mail, send to the parents or guardians
of the minor, written notice of the violation with a warning that
any subsequent violations will result in full enforcement of this
section, including enforcement of parental responsibility and of applicable
parties.
A.
If, after receipt of a warning notice pursuant to Section 97-13 of a first violation by a minor, a second curfew violation is adjudicated against the same minor, the parents or guardian of the minor shall be subject to prosecution under Section 97-12. For the first parental offense a parent shall be subject to a mandatory fine of not less than $80 and for each subsequent offense by a parent there shall be a mandatory Municipal Court appearance with any penalties to be assessed by the Judge of the Municipal Court. The Judge of the Municipal Court, upon finding a parent guilty, may sentence the parent to pay this fine and the costs of prosecution.
B.
If a minor has been found to be in violation of this Article on a
second occasion within six-month period, that minor shall receive
a summons and complaint from the police officer who apprehended the
minor for the violation of this Article. The Judge of the Municipal
Court, upon finding the minor guilty, may sentence the minor to perform
community service for a period not to exceed 90 days.
C.
In addition, any minor who shall violate any of the provisions of
the curfew regulations more than three times shall be reported by
the Chief of Police or his/her designee to the minor authorities as
minor in need of supervision and the Chief of Police or his/her designee
may proceed to file such charges with the Superior Court of New Jersey,
Family Part, Monmouth County, as he/she may deem appropriate.
Notice of the existence of this Article and of the curfew regulations
established by it shall be posted in, on or about such public or quasi-public
places as may be determined by the highest ranking sworn officer in
order that the public may be constantly informed of the existence
of this section and its regulations.
