[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Hillside 12-18-1973 by Ord.
No. G-28-73 (Ch. VI, Sec. 6-15, of the 1971 Code). Amendments noted
where applicable.]
The Township Council of the Township of Hillside does specifically find
and determine that a substantial number of incidents involved in the violation
of public peace are committed by minors and in a significant part are occasioned
by the failure of the parent of the minor to exercise reasonable control and
supervision over said minor. There presently exists in the State of New Jersey
certain statutes which do afford a means whereby parents are alerted to the
responsibilities of both the minor and to society in general, and it is the
judgment of the Township Council after investigation of all facts that supplemental
local legislation is desirable and necessary to accomplish and enforce effective
parental control and responsibility over minors. It is this void that this
chapter is intended to fulfill pursuant to N.J.S.A. 40:48-1.
A.Â
A VIOLATION OF THE PUBLIC PEACE
MINOR
PARENT
As used in this chapter, the following terms shall have
the meanings indicated:
Defacing, damaging or destroying public property or the private property of another within the Township of Hillside; committing assault or assault and battery upon another, or threatening another with the intention of extorting money or anything of value, or making insulting or obscene remarks or gestures to another, or making, continuing or causing to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of another, or creating any unreasonably loud, disturbing and unnecessary noise of such character, intensity or duration as is detrimental to the life or health of another, or consuming and/or possessing alcoholic beverages, or possessing and/or using a controlled dangerous substance as the same shall be defined under Title 24 of the Revised Statutes of New Jersey, or juvenile delinquency based upon any of the above offenses, or violating any provisions as set forth in Chapter 210, Loitering, which is incorporated into and made a part of this chapter.
Any person under the age of 18 years.
Includes either or both parents of a minor, legal guardian (as guardian
of such minor) or other persons having the care or custody of the minor committing
the violation of the public peace. In order to sustain a conviction under
this chapter, it shall not be necessary to prove that the minor resided in
or with the offending "parent."
B.Â
In order for a parent to violate § 223-3, utilizing the terminology "assist," "aid," "abet," "allow," "permit," "suffer" or "encourage" where a minor is apprehended and convicted of a violation of the public peace, the Chief of Police of the Township of Hillside or his designated agent shall forthwith serve written notice of the act and conviction on the parent. If at any time after the giving of such notice such minor shall again be charged and thereafter be subsequently convicted of a violation of the public peace, it shall be rebuttably presumed that the parent allowed, permitted or suffered said minor to commit a violation of the public peace.
It shall be unlawful for any parent to assist, aid, abet, allow, permit,
suffer or encourage such minor to commit a violation of the public peace,
as defined herein, either by overt act, by failure to act or by lack of supervision
and control over such minor.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine not exceeding
$1,000; imprisonment for a term not exceeding 90 days; and/or a period of
community service not exceeding 90 days.
The remedy provisions of this chapter shall be cumulative, not exclusive,
and the state or any other person shall have the right to proceed under any
other legally available remedies.
