As used in this chapter, the following terms shall have the
meanings indicated:
GUARDIAN
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order or who is acting in place of
the parent or is responsible for the care and welfare of the juvenile.
JUVENILE
An individual who is under the age of 18 years.
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, boardwalk, beach, recreation or shopping area,
public transportation facility, vehicle used for public transportation,
parking lot or any other public building or structure or area.
It shall be unlawful for any person under 18 years of age to
be or remain in or upon the public places within the City of Ventnor
City at night during the period ending at 6:00 a.m. and beginning:
A. At 11:00 p.m. July 1 through August 31.
B. At 10:00 p.m. September 1 through June 30.
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 place 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 or legal guardian's custody. It is
intended to continue to keep neglectful or careless parents up 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.
Any police officer or any special law enforcement officer, duly
appointed by the Mayor or Commission of the City of Ventnor City,
is hereby authorized and empowered to take into custody any juvenile
who is in violation of this chapter. In determining the age of the
juvenile and in the absence of convincing evidence such as a birth
certificate, a police officer shall in the first instance use his
or her best judgment in determining age. Any police officer or any
special law enforcement officer taking a juvenile into custody for
violation of this chapter shall follow all current Police Department
procedures for the handling of such juvenile arrests.