[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes 8-27-1964 by Ord. No. 72. Amendments
noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 154.
This chapter shall be known and may be cited
as the "Curfew Ordinance of the Borough of Medford Lakes."
The Borough Council of the Borough of Medford
Lakes, by reason of conditions which exist and of circumstances that
have occurred within the Borough which have been a source of annoyance
and public concern to the residents of the Borough and to others lawfully
using public and quasi-public streets and places in the Borough, deems
it necessary, proper, advisable and in the best interests of the public
to regulate the use of public and quasi-public streets and places
within the Borough by any minor not yet attaining the age of 18 years
for the maintenance of good order and the protection of persons and
property and for the preservation of the public health, safety and
welfare of the Borough and its residents and others lawfully using
the public and quasi-public streets and places in the Borough.
Whenever used or referred to in this chapter,
the following terms shall have the respective meaning for the purpose
of this chapter unless a different meaning clearly appears from the
context:
To linger, loaf, lounge or otherwise spend time idly and
without good cause or purpose.
Every highway, road, trail, alley, fire lane or other way
that is open to the use of the public for vehicular or pedestrian
traffic.
Every civic and publicly owned building, park, playground
and other place of general public gathering or congregation.
Every highway, road, trail, fire lane, alley or other way
dedicated to the public use but which is unopened or unaccepted by
the municipality.
Every privately owned building or other place of public accommodation
or use or building or other place open to the general public and all
vacant lots or other unsupervised areas within the limits of the Borough
not readily under the control or supervision of the owner.
Parent or parents, legal guardian or other adult person having
the custody, care or control of a minor with the consent of the parent
or parents or legal guardian.
It shall be unlawful hereafter for any minor
not yet attaining the age of 18 years, regardless of his place of
residence, to loiter, idle, wander, stroll, play or remain in or upon
the public streets and places or quasi-public streets and places,
either on foot or in any vehicle, within the Borough of Medford Lakes,
after the hour of 11:00 p.m., prevailing time, and before the hour
of 5:00 a.m. the following day, prevailing time, except on Friday
and Saturday when the hours of curfew shall be between the hours of
11:59 p.m., prevailing time, and 5:00 a.m. the following day, prevailing
time, unless such minor be accompanied by his or her custodian as
defined in this chapter, except as hereinafter provided.
It shall be unlawful hereafter for any custodian of a minor not yet attaining the age of 18 years to allow or permit such minor to loiter, idle, wander, stroll, play or remain in or upon the public and quasi-public streets and places in the Borough of Medford Lakes in violation of § 100-4 of this chapter, except as hereinafter provided, and the presence of any such minor on the public and quasi-public streets and places in the Borough in violation of § 100-4 of this chapter shall give rise, in the absence of proof to the contrary, to the presumption that the custodian had knowledge that such minor was violations § 100-4 of this chapter.
It shall be unlawful hereafter for the owner or operator of any quasi-public place in the Borough of Medford lakes, to knowingly suffer or permit any minor not yet attaining the age of 18 years to remain in or about such premises in violation of § 100-4 of this chapter.
The provisions of this chapter shall not apply to any minor not attaining the age of 18 years who shall be gainfully and lawfully employed, or who shall be an enrolled evening student at any bona fide school, college or university or who shall be in attendance at any evening function sponsored by a religious, school, civic or other properly accredited organization, or who shall be on an errand as set forth in § 100-8 of this chapter during the time necessarily required for such minor to travel from his residence to or from any of the aforesaid places, as may be involved.
Should an emergency arise necessitating a minor, not attaining the age of 18 years being dispatched on an errand requiring his acting in violation of § 100-4 of this chapter, the acts otherwise constituting a violation shall not be a violation if said minor shall have in his possession a writing signed by his custodian stating the nature of the errand, the necessity therefor, the place or destination at which the mission is to be accomplished, and the approximate times between which the errand is to be performed. In the event the nature of the emergency precludes the practicality of giving the minor such written permission, confirmation of the nature of the emergency by the Police Department of the Borough shall be deemed compliance with this section.
All officers or officials charged with law enforcement
within said Borough are hereby authorized, empowered and directed
to enforce the provisions of this chapter.
Upon the first violation of this chapter by
a minor not attaining the age of 18 years, the apprehending officer
or official shall take the said minor into protective custody and
make a complete record of the circumstances under which the said minor
was first seen or discovered in the apparent violation of this chapter.
Such record shall include the name and address of the minor, the name
and address of the custodian having the legal or other obligation
for the said minor's well-being and the nature of said obligation
such as parent, guardian, etc. Upon completion of this record, the
minor shall be released in the custody of such minor's custodian or
shall be returned to his or her home or place of residence, and subsequently
a certified letter, return receipt requested, shall be sent by the
Police Department to such minor's custodian advising the custodian
of this chapter, of the facts and circumstances of the violation,
and of the possible penalties and future proceedings that may result
from additional violations.
Upon the second violation of this chapter by a minor not attaining the age of 18 years, the apprehending officer or official shall first proceed to take said minor into protective custody and record the information required by § 100-10 of this chapter. Said minor shall be released in the custody of said minor's custodian or shall be returned to his or her home or place of residence, and the custodian of such minor shall be informed of his or her second violation of this chapter. The Police Department shall subsequently send a formal notice by certified mail, return receipt requested, to the custodian of such minor charged with a second violation of this chapter. This notice shall be entitled "Notice of Second Violation of Curfew Ordinance of the Borough of Medford Lakes" and shall contain all the pertinent facts in a given case; notice of the penalties provided under this chapter for a subsequent violation, and shall further state that a copy of the first warning letter and return receipt and of the formal notice of second violation, together with a copy of the complete record of the minor pertaining to curfew violations, has been sent to the Juvenile Conference Committee of Medford Lakes, or the local Juvenile Conference Committee in the case of a nonresident minor, for formal proceedings before the Committee in accordance with the provisions of law to require the appearance of the minor and the custodian of the minor before the Committee to discuss the facts and circumstances of the first and second violations and possible future penalties involved for subsequent violations. For the purposes of this chapter the return receipts of the certified first warning letter and the formal notice of second violation, when duly produced and admitted as evidence in the Juvenile Court of the County of Burlington, or other county, shall constitute an unequivocal basis for proceedings in which a third or subsequent violation hereof is charged.
[Amended 11-18-1971 by Ord. No. 98]
Upon a second or subsequent violation of this chapter by a minor not attaining the age of 18 years, the apprehending officer or official shall proceed as set forth in § 100-10 of this chapter. A written complaint shall then be issued against said minor and proceedings shall be instituted in the Juvenile Court having jurisdiction as permitted by law, penalties to be there assessed by the Court in its discretion.
[Amended 11-18-1971 by Ord. No. 98]
In conjunction with § 100-12 above, upon a second or subsequent violation of this chapter by the same minor, the custodian of said minor shall be summoned by the Chief of Police or a member of the Police Department of the Borough of Medford Lakes to appear before the Municipal Court of the Borough of Medford Lakes for violating the provisions of this chapter by permitting such minor to violate § 100-4 hereof.
[Amended 11-18-1971 by Ord. No. 98; 4-23-2014 by Ord. No.
615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
