[Added 3-9-2004 by Ord. No. 2004-02]
As used in this chapter, the following terms shall have the meanings
indicated:
GUARDIAN
The parent of the juvenile, 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.
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 child under the age of 18 years to ride,
loiter, run through, wander or stroll through the streets, roads, avenues
or other public places in said Borough of Clementon after the hour of 11:00
p.m., prevailing time, in the evening, and until 5:00 a.m., prevailing time,
in the morning, unless accompanied by a parent or duly authorized custodian
having control of such minor, except as hereinafter provided.
It shall be unlawful for any parent, guardian or duly authorized custodian having legal care or custody of any child under 18 years of age, to allow or permit any such child or ward to ride, loiter, wander or stroll on or about any road, street, avenue or other public place in the Borough of Clementon within the time prohibited in §
109-2 of this chapter unless accompanied by a parent or duly authorized custodian, except as hereinafter provided.
The provisions of this chapter shall not apply to any minor child who
shall be gainfully employed, who shall be a bona fide student of a school
of evening instruction, who shall be in attendance at a function sponsored
by a religious or school organization or who shall be in attendance at a properly
supervised recreational program, during the time necessarily required to travel
between such minor child's residence and said place of assembly.
Should an emergency arise necessitating a minor child under the age
of 18 years being dispatched upon an errand requiring his presence upon a
street or other public place after the curfew hour herein established, he
shall have in his possession a note signed by a person of his household over
the age of 21 years, stating the nature of the errand, the necessity therefor,
the place to which said child is to go, the time such note was issued and
the time required for such errand. The abuse of the provisions of this section
shall constitute a violation of the provisions of this chapter punishable
as hereinafter provided.
[Amended 10-10-1961 by Ord.
No. 61-17]
Any member of the Police Department of the Borough of Clementon concerned
with a violation of this chapter is hereby authorized and empowered to take
into his or her temporary care and custody any person under 18 years of age
who may be violating this chapter. Said officer is hereby further authorized
and empowered to enter into any public place and remove said person under
18 years of age who may be violating this chapter. Said officer shall forthwith
return said person to his or her home and notify the parent or other person
having custody and control of a said child of the violation of this chapter,
and shall report said violation to the Chief of Police of the Borough of Clementon,
who shall keep an adequate record thereof. Said officer shall make such further
investigation as may be necessary as required under the circumstances of the
violation.
Upon the violation of the provisions of this chapter by any person under
18 years of age, any member of the Police Department of the Borough of Clementon
concerned therewith shall determine within his discretion whether the proper
complaint should be made thereof to the Juvenile and Domestic Relations Court
of the County of Camden; and in any event should any such person become a
habitual violator of the provisions of this chapter, then the officer concerned
with such violation shall make the proper complaint to be transmitted through
the Chief of the Police Department to the Juvenile and Domestic Relations
Court for such action as that Court in its discretion may deem proper; and
any person over 18 years of age violating this chapter or any of the provisions
of this chapter, having the temporary or permanent custody of the person under
18 years of age concerned, shall upon conviction thereof by a Magistrate having
jurisdiction of the complaint be punished by a fine not exceeding $100 or
imprisonment not to exceed 10 days, or both such fine and imprisonment at
the discretion of such Magistrate.