City of Passaic, NJ Chapter 113 Curfew

[HISTORY: Adopted by the City Council of the City of Passaic 4-29-1999 by Ord. No. 1459-99.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also provided for the repeal of former Ch. 113, Curfew, adopted 5-15-1980 by Ord. No. 594-80, as amended 7-11-1985 by Ord. No. 865-85.

§ 113-1 Title.

This chapter shall be known and may be cited as the "Ordinance Regulating the Presence and Conduct of Juveniles on Public Streets and Public Places During Nighttime Hours."

§ 113-2 Definitions; word usage.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When consistent with the appropriate context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is considered to be mandatory and not merely directory or discretionary in nature.

CITY

The City of Passaic.

CURFEW HOURS

Between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 6:00 a.m., Friday through Saturday.

EMERGENCY

An unforeseen combination of circumstances or the resulting state, including those circumstances which call for immediate action in response to a threat to public health and safety. This term shall be understood to include but not be limited to a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious bodily harm, injury or loss of life. "Serious bodily injury" shall mean bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

GUARDIAN

Any person, other than a parent, to whom legal custody of a juvenile or minor 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.

JUVENILE or MINOR

Any person under the age of 18.

[Amended 11-23-2010 by Ord. No. 1850-10]

KNOWINGLY

Includes knowledge or information which a parent or legal guardian should reasonably be expected to have concerning the whereabouts of a minor in the legal custody of a parent or guardian. It is intended to include and require neglectful or careless parents to maintain a reasonable community standard of parental responsibility through an objective test. It shall be no defense to this chapter that a parent was indifferent to the activities or conduct or whereabouts of such a minor or juvenile.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting business in any establishment. The term includes the member or partners of an association or partnership and the officers of a corporation.

PARENT

The natural or adoptive parent of a juvenile or minor.

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 of area.

REMAIN

To linger or stay; or to fail to leave a public place or establishment when requested to do so by a police officer or the owner, operator or other person in control of the establishment or premises.

§ 113-3 Offenses.

A. A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the city between the hours of 10:00p.m and 6:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 6:00 a.m., Friday through Saturday.

B. A patent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during the curfew hours.

C. The owner, operator or any employee of an establishment or public place commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during the curfew hours.

§ 113-4 Permitted exceptions.

A. The following are exceptions to an offense under § 113-3A. The minor was:

(1) Accompanied by the minor's parent or guardian;

(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop for the purpose of responding to a medical problem or emergency;

(3) In a motor vehicle involved in interstate travel not originating in the City of Passaic;

(4) Engaged in an employment activity, or going to or returning from an employment activity, without any detour or stop;

(5) Involved in an emergency as defined in § 113-2;

(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor has not filed a complaint with the Police Department about the minor's presence;

(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other cultural, social or recreational activity supervised by adults and sponsored by the city, a civic organization or similar entity that takes responsibility for the minor;

(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or

(9) Married or had been married or had disabilities of minority removed in accordance with law.

B. It is a defense to prosecution under § 113-3C that the owner, operator or employee of an establishment or public place promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

§ 113-5 Enforcement.

A. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the establishment or public place. The officer shall not issue a citation or make an arrest under this section unless this officer reasonably believes that an offense has occurred and that, based on any response from the minor or juvenile and other circumstances, no exception under § 113-4 is present.

B. If a police officer reasonably believes that a juvenile is on the streets in violation of this chapter, the officer shall notify the juvenile that he or she is in violation of the curfew chapter and shall ask the juvenile or minor to provide to the officer his or her name, address and telephone number and how to contact a parent or guardian. In determining the age of the minor or juvenile, and in the absence of evidence such as a driver's license or copy of birth certificate, a police officer shall be authorized to use his or her best judgment in determining the age of the minor or juvenile.

C. If the officer determines that a person is in violation of this chapter, the minor or juvenile shall be taken into custody. The parent or guardian shall then be notified by any authorized member of the City of Passaic Police Department to come to the Police Department to take custody of the minor or juvenile. When the parent or guardian arrives to take custody of the juvenile or minor, they shall be given written notice by an authorized member of the City of Passaic Police Department which sets forth the nature of the alleged violation and which also includes a copy of this chapter in its entirety. A copy of this notice shall also be kept on file with the Municipal Court Clerk of the City of Passaic for the purpose of providing evidence of failure by the parent or guardian to observe the provisions of this chapter in the event of any subsequent citation for an alleged violation of this chapter.

D. In the event that a parent or guardian cannot be located, then the juvenile or minor may be released to the appropriate juvenile authorities or to an adult relative, neighbor or other adult who will, on behalf of a parent or guardian, assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian. A copy of the notice described in Subsection C shall be given to the minor, and another copy shall be sent to the parent or guardian, by certified mail, return receipt requested.

E. The Police Department shall issue written warnings in lieu of a summons for an alleged first violation of this chapter. An additional copy of this warning shall be kept on file with the Municipal Court Clerk of the City of Passaic for the purpose of providing evidence of failure by the minor, as well as the parent or guardian, to observe the provisions of this chapter in the event of any subsequent citation for an alleged violation of this chapter. No written warning shall be issued for any subsequent alleged violation of this chapter.

§ 113-6 Violations and penalties.

A. A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted.

B. A first offense, upon conviction, is punishable by a fine not to exceed $100 and may also include community service of up to 15 hours to the city.

C. A second offense, upon conviction, is punishable by a fine not to exceed $500 and may also include community service of up to 30 hours to the city.

D. A third or subsequent offense, upon conviction, is punishable by a fine not to exceed $1,000 and may also include community service of up to 45 hours to the city.

E. If both a juvenile and the juvenile's parent or guardian are convicted of violating the chapter, they shall be required to perform any community service together.