The following terms used in this chapter are
defined as follows:
GUARDIAN
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.
JUVENILE
An individual who is under the age of 18 years.
PUBLIC PLACE
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 any person to be or
remain on or upon any public place within the Township of Union between
the following hours:
A. Beginning at 11:00
p.m. on Friday and Saturday nights and extending until 5:00 a.m. on
the following day.
B. Beginning at 10:00
p.m. on all other nights and extending until 5:00 a.m. the following
day.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A juvenile on the street during the hours referred to in the
previous section shall not be considered in violation of this chapter
under the following circumstances:
A. When accompanied
by a parent or guardian of such juvenile.
B. When accompanied
by an adult authorized by a parent of such juvenile to take said parent's
place in accompanying said juvenile 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 such exercise, provided that the juvenile has in his or her possession
a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile, with their 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 juvenile in the exercise of a First Amendment
right specified in such communication.
D. In case of reasonable
necessity for the juvenile remaining on the streets, provided that
the juvenile has in his or her possession a written communication,
signed by the juvenile and countersigned by a parent or guardian of
the juvenile, with their home address and telephone number, setting
forth the facts establishing the reasonable necessity relating to
remaining on specified streets at a designated time for a described
purpose, including points or origin and destination.
E. When the juvenile
is on the sidewalk or property where the juvenile resides or on either
side of or across the street from the place where the juvenile resides
and the adult owner or resident of that property has given permission
for the juvenile to be there.
F. When returning
home from and within one hour after the termination of a school- or
Township-sponsored activity or an activity of a religious or other
voluntary association, provided that the juvenile has in his or her
possession a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and
telephone number, indicating the place and probable time of termination
of the activity.
G. When the juvenile
is, with parental consent, in a motor vehicle. This contemplates normal
travel. It is the intention of this provision to clearly exempt bona
fide interstate movements along major routes through the Township
of Union and interstate travel beginning or ending in the Township
of Union.
H. When engaged in
or traveling to or from a place of employment.
I. When engaged in
an errand involving a medical emergency.
Upon charging a juvenile with violation of this
chapter, notice of the same shall be given, in writing, by the Police
Department to the juvenile's parent or guardian, which notice shall
be sent by certified mail, return receipt requested, and by regular
mail. If at any time within 30 days following the giving of notice
as provided herein the juvenile to whom such notice related or applied
is again charged, and upon such charge is subsequently convicted of
a violation of the curfew provisions of this chapter, it shall be
rebuttably presumed that the juvenile committed such subsequent violation
with the knowledge, allowance, permission or sufferance of the parent
or guardian of such juvenile, and the parent or guardian shall thereupon
be charged with a violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person found in violation of this chapter
shall be subject to a fine not exceeding $2,000, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof. If both a juvenile and the juvenile's
parent or guardian violate such chapter, they shall be required to
perform community service together.
This chapter shall be liberally construed to
effectuate the purpose and intent of P.L. 1992, c. 132 (N.J.S.A. 40:48-2.52).