[HISTORY: Adopted by the City Council of
the City of Cape May by Ord. No. 1245-2002 (Sec. 3-5 of the 1997 Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 319.
Peace and good order — See Ch. 373.
It shall be unlawful for any juvenile to be
on any public street or public place between the hours of 11:00 p.m.
and 6:00 a.m. during the period from October 1 through April 30, and
between the hours of 12:00 midnight and 6:00 a.m. during the period
from May 1 through September 30 of each year.
It shall also be unlawful for any parent or guardian to allow a juvenile in their custody or control to be on any public street or public place between the hours specified in § 208-1, unless such juvenile is accompanied by a parent or guardian, or unless any other exception as set forth in § 208-5 applies. In the event a juvenile is found to be in violation of this chapter, it shall be presumed that such was allowed by that juvenile's parent or guardian, but such presumption shall be rebuttable.
It shall be unlawful for any owner or operator of any place of amusement and entertainment or any place of business carried on for profit to which the public is invited to permit any juvenile to loiter, idle, wander, stroll or play in or remain in or be upon his or her property between the hours specified in § 208-1.
For the purposes of this chapter, the following
definitions apply:
A person, other than a parent, to whom legal custody of a
juvenile has been given by a court order, or who is acting in place
of the parent, or who is responsible for the care and welfare of a
juvenile.
An individual who is under the age of 18 years.
Any place to which the public has access, including but not
limited to a public street, road, sidewalk, bridge, alley, plaza,
park, recreation or shopping area, parking lot or any other public
building, structure or area, and any other area or structure in which
the public generally has access.
The provisions of this chapter shall not apply
to any juvenile who is gainfully employed, a bona fide student of
a school of evening instruction, in attendance at a function sponsored
by a religious or school organization, or in attendance at a properly
supervised recreational program during the time necessary to travel
between the juvenile's residence and the place of assembly.
[Amended 11-14-2005 by Ord. No. 53-2005; 7-3-2023 by Ord. No. 504-2023]
Any person found to be in violation of this
chapter shall be liable to a fine or other penalty as stated in N.J.S.A.
40:48-2.52, and the imposition of community service for up to 15 days,
with the amount of such fine, penalty and/or and community service
period to be in the discretion of the court. If both a juvenile and
that juvenile's parent or guardian are both found to be in violation
of this chapter, any sentence of community service imposed by the
court shall be served by the juvenile and his or her parent or guardian
together, unless the court in its discretion determines otherwise.
Any violation of this chapter constitutes a breach of the peace.
