Borough of Clementon, NJ: Violations and penalties.

[Added 3-9-2004 by Ord. No. 2004-02[1]]

As used in this chapter, the following terms shall have the meanings indicated:

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.

[1]

Editor's Note: This ordinance also provided for the redesignation of former §§ 109-1 through 109-6 as §§ 109-2 through 109-7, respectively.

§ 109-2 Hours of curfew.

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.

§ 109-3 Obligation of parent or guardian.

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.

§ 109-4 Exceptions.

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.

§ 109-5 Emergencies.

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.

§ 109-6 Authority of police officers.

[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.

§ 109-7 Violations and penalties.

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.