[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.
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."
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.
The City of Passaic.
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.
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.
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.
Any person under the age of 18.
[Amended 11-23-2010 by Ord. No. 1850-10]
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.
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.
The natural or adoptive parent of a juvenile or minor.
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.
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.
A.Â
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.Â
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.Â
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.
A.Â
The following are exceptions to an offense under § 113-3A. The minor was:
(1)Â
Accompanied by the minor's parent or guardian;
(2)Â
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)Â
In a motor vehicle involved in interstate travel not
originating in the City of Passaic;
(4)Â
Engaged in an employment activity, or going to or
returning from an employment activity, without any detour or stop;
(6)Â
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)Â
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)Â
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)Â
Married or had been married or had disabilities of
minority removed in accordance with law.
A.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.