[HISTORY: Adopted by the Town Council of the Town of Newton 8-21-2023 by Ord. No. 2023-21.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 330 but was
renumbered to maintain the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
An adult who is at least 18 years of age who has been formally
authorized, by the juvenile's parents to be temporarily responsible
for the parental care, custody, authority, safety, and/or any other
parental responsibilities required to supervise the juvenile, such
as, but not limited to, babysitter(s).
Any privately owned place within the Town, to which any member
of the public is invited, including, but not limited to, any place
of amusement, business, eating/dining, entertainment, and/or convenience
store.
Any person, other than a parent or caregiver, who, pursuant
to a Court order, is the guardian to whom legal custody of the juvenile
has been given pursuant to a Court order; or, a public or private
agency with whom a juvenile has been placed by a Court. In either
circumstance, they are responsible for the care and/or welfare of
the juvenile.
Any person under 18 years of age who has not been emancipated
in accordance with all New Jersey State laws, regulations, and/or
procedures, whether or not they reside in the Town of Newton.
A police officer and/or any other law enforcement officer
charged with the duty of enforcing the laws of the State of New Jersey,
and/or the County of Sussex, and/or the laws and/or ordinances of
the Town of Newton.
A biological parent(s), adoptive parent(s), or step-parent(s)
of the juvenile, including either parent if juvenile custody is shared
under a Court order or other legal agreement.
Any place to which the public has access to, including, but
not limited to, public street, public highways, roads, sidewalks,
bridges, alleys, plazas, avenues, parks, thoroughfares, recreational,
and/or public transportation facilities, vehicles used for public
transportation, parking lots, the common areas of schools, apartment
houses, office buildings, commercial facilities/establishments, shops,
and/or hospitals, as well as any other public building, structure,
and/or area which members of the public at any time of the day or
night have access to.
It shall be unlawful for any juvenile, as defined herein, to
be in or on any public place and/or establishment, as defined herein,
in the Town between the hours of 10:00 p.m. and 6:00 a.m., whether
on foot, bicycle, scooter, skateboard, and/or motor vehicle, unless
said juvenile is accompanied by a parent, guardian, and/or caretaker,
who must be over the age of 18 years.
In relation to and in addition to § 87-2 above:
A.
It shall be unlawful for a juvenile during the curfew hours to remain
in or upon any public place within the geographic boundaries of the
Town of Newton, to remain in any motor vehicle operating or parked
therein or thereon, and/or to remain in or upon the premises of any
establishment within the geographic boundaries of the Town.
B.
A parent, guardian, and/or caretaker of a juvenile commits an offense
if they knowingly permit, allow, and/or encourage or, by insufficient
control of the juvenile, allow the juvenile to remain in or upon any
public place within the geographic boundaries of the Town of Newton
and/or to remain in any motor vehicle operating or parked therein
or thereon and/or to remain in or upon the premises or any establishment
within the Town during curfew hours.
C.
It shall be unlawful for a person, who is the owner and/or driver
of any motor vehicle to knowingly permit, allow, and/or encourage
a violation of this Chapter/Town Code provision.
D.
It shall be unlawful for the operator/owner of any establishment,
or for any person who is an employee thereof, to knowingly permit,
allow, or encourage a juvenile to remain upon the premises of any
establishment during curfew hours.
E.
It shall be unlawful for any person, including any juvenile, to give
a false name, address, and/or telephone number to any Law Enforcement
Officer investigating, in any manner, a possible violation of this
chapter/Town Code provision.
A.
It shall be unlawful for a juvenile, during the curfew hours, to
remain in or upon any public place within the geographic boundaries
of the Town of Newton, to remain in any motor vehicle operating or
parked therein or thereon, and/or remain in or upon the premises of
any establishment within the geographic boundaries of the Town, unless:
(1)
The juvenile is accompanied by a parent, guardian, and/or caretaker;
or
(2)
The juvenile is engaged in an employment activity or traveling to
or from an employment activity, without detour or stop, which the
laws of the State of New Jersey authorize a juvenile to perform during
curfew hours; or
(3)
The juvenile is engaged in an errand or errands involving a medical
emergency or emergencies during curfew hours; or
(4)
The juvenile is attending an extracurricular school activity and/or
traveling to or from such extracurricular school activity; without
detour or stop, during curfew hours; or
(5)
The juvenile is attending an activity sponsored by a religious or
community-based organization of a cultural, educational, or social
nature if said activity is supervised by at least two or more adults.
This shall also involve the juvenile's travel to or from the
activity, as defined herein, without detour or stop during curfew
hours.
It shall be unlawful for any parent, guardian, and/or caretaker to allow any unaccompanied juvenile to be on any public place, motor vehicle, and/or establishment during the curfew hours, except as noted in § 87-4 above.
If it should be established that any juvenile remaining idle,
loitering, wandering, strolling, or remaining in or upon any public
place and/or establishment, and/or sitting in or upon a motor vehicle,
within the geographic boundaries of the Town of Newton in violation
of any of the provisions of this chapter, then it shall be presumed,
in the absence of proof to the contrary, that the parent, guardian,
and/or caretaker of the juvenile knowingly permitted the juvenile
to violate any of the provisions of this chapter.
Any juvenile violating any provision of this chapter shall be
subject to the following:
A.
First offense. Upon the initial occurrence of any violation of this
chapter by a juvenile, the Town of Newton Police Department or other
authorized Law Enforcement Officer shall issue the juvenile a verbal
curbside warning. A verbal curbside warning for any violation of this
chapter shall be documented with a case number and an entry in the
curbside warning tracking system.
B.
Second offense. Upon a second occurrence of any violation of this
chapter by a juvenile, the Town of Newton Police Department or other
authorized Law Enforcement Officer shall issue a formal written warning
to the juvenile and shall issue a formal written warning to the juvenile's
parent, guardian, and/or caretaker. The issuance of a formal written
warning shall be documented with a case number in the curbside warning
tracking system and/or curfew ordinance violation log.
C.
Third or subsequent offense. Upon a third and/or subsequent occurrence
of any violation of this chapter by a juvenile, the Town of Newton
Police Department will issue a formal complaint summons to the juvenile
and a formal complaint summons to the parent, guardian, and/or caretaker
of the juvenile offender. In the event a juvenile is charged with
an act of juvenile delinquency, while engaged in a third or subsequent
violation of any provision of this chapter, a violation of the chapter
will be added to the formal complaint.
A.
Any juvenile, Parent, Guardian, and/or Caretaker who is found guilty
or pleads guilty in the Town of Newton Municipal Court or other court
of jurisdiction, to any violation of this chapter for a third or subsequent
offense of any provision of this chapter shall be required to perform
community service and may, in addition, be subject to fine of not
to exceed $1,000.
B.
The continuation of such violation for each successive day shall
constitute a separate offense and the person(s) (juvenile, and/or
parent, and/or guardian, and/or caretaker) allowing and/or permitting
the continuation of the violation may be punished as provided for
above for each separate offense. If both a juvenile and his/her/their
parent, guardian, and/or caretaker are found guilty or plead guilty
to any provision of this chapter and are required to perform community
service, they shall be required to perform community service together.
A.
The Law Enforcement Officer shall not issue a verbal and/or written
curbside warning to a juvenile or issue a summons to appear in the
Town's Municipal Court (either juvenile or a parent, guardian,
and/or caretaker) unless the Law Enforcement Officer reasonably believes
that a violation of any provision of this chapter has occurred.
B.
Before taking any enforcement action for a second offense and beyond,
the Law Enforcement Officer shall endeavor to make an immediate investigation
to establish such reasonable belief exists that an offense has occurred.
C.
As to either Subsection A and/or Subsection B above, if the investigation reveals the presence of the juvenile is in violation of any provision of this chapter, then the Law Enforcement Officer:
(1)
Shall ask the apparent juvenile offender's age and residence
and the reason(s) for being out in a public place within the geographic
boundaries of the Town of Newton; and/or, in any motor vehicle operating
or parked therein or thereon; and/or, in or upon the premises of any
establishment within the Town; and
(2)
Shall issue a verbal and/or written curbside warning (as set forth
above) and shall ask the juvenile to leave the public place within
the geographic boundaries of the Town of Newton, any motor vehicle
operating or parked thereon or therein and/or in or upon the premises
of any establishment within the Town; and
(3)
Shall issue to the juvenile a violation notice as to any provisions
of this chapter to the juvenile if it is not the juvenile's first
notice for any violation of this chapter; and
(4)
If a juvenile refuses to give a Law Enforcement Officer, his/her/their
name and/or address, refuses to give the name and address of his/her/their
parent(s), guardian(s), and/or caretaker(s) or if no parent(s), guardian(s),
and/or caretaker(s) can be located prior to the end of the applicable
curfew hours, or, if located, no parent(s), guardian(s), and/or caretaker(s)
appears to accept custody of the juvenile, the Law Enforcement Officer
shall be empowered to take the juvenile to the Newton Town Police
Department Headquarters for a period not to exceed the curfew hours
so that the juvenile's parent, guardian, and/or caretaker may
retrieve the juvenile.
D.
If the investigation conducted pursuant to this section reveals the
juvenile's parent, guardian, and/or caretaker is violation of
any provision of this chapter, a Law Enforcement Officer shall be
empowered to issue a summons to such juvenile's parent, guardian,
and/or caretaker, where the juvenile's parent, guardian, and/or
caretaker shall appear in front of the Municipal Court of the Town
of Newton.
No juvenile under the age of 18 shall be in any public place
within the geographic boundaries of the Town of Newton when the juvenile
is required to be in attendance at either a public or nonpublic school,
unless the juvenile is accompanied by a parent, guardian, and/or caretaker
or is carrying written permission from the juvenile's educational
authority allowing the juvenile to be in a public place.
If, for any reason, any section of this chapter shall be deemed
invalid by a court of competent jurisdiction, the remaining sections
and/or any and all other unaffected language of this chapter and this
Ordinance shall remain in full force and effect.
Any ordinance or any part of any ordinance and/or provision
of the Town Code that is inconsistent with this chapter shall be repealed
to the extent of the inconsistencies only.
This chapter shall take in effect immediately upon the adoption
and publication of this chapter in accordance with law.
