Whereas, the Mayor and Commissioners of the Town of West New
York hereby find there has been a significant breakdown in the supervision
normally provided by certain parents and guidance for juveniles under
18 years of age, resulting in juveniles being involved in a wide range
of criminal and other unacceptable behavior, including vandalism,
noisy and rowdy behavior, public drinking and littering, and harassment
of residents; and
Whereas, the Mayor and Commissioners further find that the offensive
activities of the juveniles are not easily controlled by existing
laws and ordinances because the activities are easily concealed whenever
police officers are present, and the establishment of reasonable curfew
regulations will enable the community to better control the free and
unobstructed access to the streets and public places by the majority
of residents and will enable the police to act reasonably and fairly
to prevent the violation of laws and ordinances by juveniles; and
Whereas, the Mayor and Commissioners further find and have determined
that a curfew meets a very real local need and that curfew ordinances
in other communities have been a significant factor in minimizing
juvenile delinquency. A curfew in West New York is particularly appropriate
in view of the high density of population in West New York and the
mixed use of residential and commercial areas throughout the Town.
The regulation of juveniles is an attempt to minimize danger to the
juveniles and the community during the danger hours for nocturnal
crime and mischief, which could be accentuated because of the juvenile's
immaturity; and
Whereas, parental responsibility for the whereabouts of children
is an accepted norm by a substantial majority of the community, and
parents have expressed a desire to have a curfew in order to augment
their efforts to supervise and guide their children; and
Whereas, N.J.S.A. 40:48-2.52 provides that a municipality may
enact an ordinance making it unlawful for a juvenile of any age under
18 years, within the discretion of the municipality, to be on any
public street or in a public right-of-way between the hours of 10:00
p.m. and 6:00 a.m. unless accompanied by the juvenile's parent
or guardian or unless engaged in, or traveling to or from, a business
or occupation which the laws of this state authorize a juvenile to
perform; and
Whereas, such an ordinance may also make it unlawful for any
parent or guardian to allow an unaccompanied juvenile to be on any
public street or in any public right-of-way during those hours; and
Whereas, Betancourt v. Town West New York, 338 N.J. Super. 415
(App. Div. 2001) requires that any such ordinance recognize the right
of parents to permit their children to participate in legitimate activities
in light of the recognized and fundamental right of parents to raise
their children free of interference from the state; and
Whereas, such regulation of juveniles acts to improve the quality
of life in the community by eliminating the possibility of nuisances
and fosters cooperation and assistance of parents in the control of
their children:
It shall be unlawful for a legally unemancipated person under
18 years of age ("juvenile") to be or remain in or upon a public right-of-way
(street, alley, sidewalk or public park or any other public property)("public
right-of-way") within the Town of West New York at night from the
period of 10:00 p.m. on Sunday, through Thursday 6:00 a.m., on the
following day, and between 11:00 p.m. on Friday and Saturday and 6:00
a.m. of the following day ("curfew hours") unless accompanied by a
parent or guardian except as provided for herein.
It shall be unlawful for a parent or guardian having legal custody
of a juvenile knowingly to permit, or by inefficient control to allow,
the juvenile to be or remain upon any public right-of-way under circumstances
not constituting an exception to, or otherwise beyond the scope of,
the Curfew Ordinance. The term "knowingly" includes knowledge which
a parent should reasonably be expected to have concerning the whereabouts
of a juvenile in that parent's legal custody. It is intended
to obligate neglectful or careless parents to adhere to a reasonable
community standard of parental responsibility through an objective
test. It shall, therefore, be no defense that a parent was completely
indifferent to the activities or conduct or whereabouts of such juvenile.
Notwithstanding the foregoing, it shall not be considered a violation
of this chapter for a parent to grant a juvenile permission to travel
from a destination to a destination, where such destinations are not
public rights-of-way within the Town of West New York, for any lawful
purpose.