[HISTORY: Adopted by the Township Council of the Township of Burlington 3-13-2007 by Ord. No. 07-OR-004. Amendments noted where applicable.]
As used in this chapter, the following definitions will apply:
- CIVIC OR GOVERNMENT EVENT
- An activity that is sponsored by a federal, state, county or local government body or agency or an organization that is devoted to providing various public services to its citizens and/or facilitating public discussion and dissemination of information relating to the rights, obligations and responsibilities of the various branches of government and the citizens of the government.
- CULTURAL EVENT
- A live performance that is devoted to the public exposition of a work of art, music or literature, including exhibitions, plays and other theatrical performances, concerts and similar exhibitions performed at theaters, arenas, stadiums and educational institutions.
- EXTRACURRICULAR SCHOOL ACTIVITY
- An event that is outside the regular curriculum or program of courses of study, including athletic, cultural and other events of official school clubs and organizations.
- 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.
- An individual who is under the age of 18 years.
- MEDICAL OR OTHER EMERGENCY
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The terms shall include, but not be limited to, a fire, natural disaster, vehicular accident or a serious medical condition of a sudden onset.
- The natural mother or father or adopted mother or father 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.
- RELIGIOUS ORGANIZATION
- A body of persons adhering to a particular set of beliefs and practices generally agreed upon by a number of persons or sects.
- SOCIAL EVENT
- An activity consisting of a gathering or party or similar event given by an organized group within the community, such as a church, school, cultural, civic, or government organization.
It shall be unlawful for any juvenile to be on or remain on or upon any public place within the Township of Burlington between the hours of 11:00 p.m. and 5:00 a.m. unless accompanied by the juvenile's parent or guardian.
It shall be unlawful for a juvenile to be on or remain on or upon any public place within the Township of Burlington from October 28 through November 2, inclusive, of each calendar year between the hours of 10:00 p.m. and 5:00 a.m., unless accompanied by the juvenile's parent or guardian.
The juvenile and/or the parent or guardian of the juvenile shall not be considered to be in violation of this chapter under the following circumstances:
The juvenile was accompanied by his parent or guardian.
The juvenile was accompanied by an adult designated by his parent or guardian.
The juvenile was on an errand made necessary by a medical or other emergency.
The juvenile was attending a cultural, civic/government, extracurricular school, social and/or an event sponsored by a religious organization or was traveling to or from such events.
The juvenile was engaged in a lawful employment activity or was going to or coming from that lawful employment activity.
The juvenile is engaged in the performance of a specific errand at the direction of the parent or guardian of the juvenile.
The juvenile is going to or coming from a visit with relatives of the juvenile with the specific permission and direction of his parent or guardian.
The juvenile going to or returning from participation in an athletic, cultural, civic/government, extracurricular, social or religious event sponsored by a private organization not specifically set forth above with the expressed direction and permission of his parent or guardian.
If a police officer reasonably believes that a juvenile is in a public place in violation of this chapter, the officer shall so advise the juvenile and take the juvenile into custody. The juvenile shall then provide his name, age, address and telephone number and advise the officer of information to allow the officer to contact his parent or guardian. The juvenile shall then be taken to the police station, and the parent or guardian shall immediately be notified to come to the station to take custody of the juvenile. If the parent or guardian cannot be located or fails to take custody of the juvenile, the juvenile shall then be released to the appropriate juvenile law enforcement authority or, in appropriate cases, he may be entrusted to an adult neighbor or other adult person who will, on behalf of the parent or guardian, assume responsibility for the juvenile. Within 24 hours of the violation, the police officer who is responsible for taking the juvenile into custody shall file a written report in a form prescribed by the Director of Public Safety.
In the case of the first violation by a juvenile, the Director of Public Safety or his designee shall send to a parent or guardian written notice of the first violation by certified mail, return receipt requested. The notice shall advise the parent or guardian that there are no penalties for first offenses but that any subsequent violation will result in the imposition of monetary or other penalties upon the juvenile and possibly the parent or guardian. This notice shall state that a subsequent violation will require the performance of community service by the juvenile and, in the event that the juvenile's parent or guardian violates this chapter, he or she shall also be required to perform that community service together with the juvenile.
In the event of a subsequent violation after the warning notice is provided as set forth above, a conviction shall require the performance of community service by the juvenile. If both the juvenile and the juvenile's parent or guardian are convicted of the violation of this chapter, they shall be required to perform community service together. This community service requirement shall also apply to any second and subsequent offenses as well.
In the event of a conviction for a first offense, a fine of $100 shall be imposed. For a second offense, a fine of $150 shall be imposed. For each subsequent offense, the fine shall be increased by an additional sum of $50, with the amount not to exceed $1,000.