[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:
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.
An informal "talking-to" – One that typically arises
when an officer observes a juvenile engage in some minor act of delinquency.
The conversation occurs in the community, not at the Police Department,
and can be as simple as an officer telling a teenager to "knock it
off" without any further formal proceedings. Curbside warnings demonstrate
to juveniles that officers are present to give guidance, direction,
and assistance, and not simply to take them into custody.
[Added 8-24-2021 by Ord. No. 2021-OR-025]
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.
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.
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.
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.
A body of persons adhering to a particular set of beliefs
and practices generally agreed upon by a number of persons or sects.
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.
A.
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.
B.
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:
A.
The juvenile was accompanied by his parent or guardian.
B.
The juvenile was accompanied by an adult designated
by his parent or guardian.
C.
The juvenile was on an errand made necessary by a
medical or other emergency.
D.
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.
E.
The juvenile was engaged in a lawful employment activity
or was going to or coming from that lawful employment activity.
F.
The juvenile is engaged in the performance of a specific
errand at the direction of the parent or guardian of the juvenile.
G.
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.
H.
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.
[Amended 8-24-2021 by Ord. No. 2021-OR-025]
A.
If a police officer reasonably believes that a juvenile
is in a public place in violation of this chapter, and the juvenile
is unable to provide information to enable the police officer to determine
that an exception applies, the officer shall issue a curbside warning
for the first violation of the curfew. The juvenile shall be requested
to provide the juvenile's name, age, address and telephone number
and information which will enable the officer to contact the juvenile's
parent or guardian. If practical, the officer shall transfer the juvenile
to the juvenile's parent or guardian at the scene, or shall transport
the juvenile to the juvenile's residence. If the parent or guardian
cannot be located, or fails to take custody of the juvenile, and the
officer determines it to be in the juvenile's best interests to assure
the juvenile's safety, the juvenile may be transported to the police
station where the juvenile shall be released to the appropriate juvenile
law enforcement authority or, in appropriate cases, the juvenile may
be entrusted to an adult neighbor or other adult 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.
B.
In the case of the first violation, the Director of
Public Safety, or the Director's designee, shall ensure the juvenile's
parent(s) or guardian(s) receive written notice of the violation.
The notice shall advise the parent or guardian that there are no penalties
for the first offense but any subsequent violation will result in
the imposition of monetary or other penalties upon the juvenile and
possibly the parent or guardian. The notice shall also inform the
parent or guardian 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, the parent or guardian shall
also be required to perform community service together with the juvenile.
A.
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.
B.
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.
