[HISTORY: Adopted by the Township Committee of the Township of Westampton
7-17-1973 by Ord. No. 3-1973. Amendments noted where applicable.]
The Township Committee does specifically find that far too many minors
are committing breaches of the public peace, which, in significant part, is
occasioned by a failure of the parent of the minor to exercise reasonable
control and supervision over the minor. Although the existing statutes do
afford a means to alert parents to their responsibilities to both the minor
and society in general, it is the considered opinion and legislative judgment
of the Township Committee that further legislation is necessary to accomplish
effective parental control and supervision. This chapter, pursuant to N.J.S.A.
40:48-1, is intended to fill this void.
A.
MINOR
PARENT
VIOLATION OF THE PUBLIC PEACE
Definitions. For the purpose of this chapter, the terms
used herein are defined as follows:
An person under the age of 18 years.
Includes either or both parents of a minor, the legal guardians of
such minor or any other person(s) having the care or custody of the minor
committing the violation of the public peace. However, the term "parent" shall
not apply to parents, legal guardians or other persons whose custody and control
over such minor has been removed by court order, decree or judgment or military
service or marriage of such minor.
Includes any of the following acts: defacing, damaging or destroying
public property or the private property of another within the Township of
Westampton; or committing an assault or assault and battery upon another in
the township; or consuming and/or possessing alcoholic beverages in a public
place in the township; or breaking and entering or entering without breaking
into the property of another with the intent to steal; or threatening another
with the intention of extorting money or anything of value; or possession
and/or use of a controlled dangerous substance, as same shall be defined under
Title 24, Revised Statutes of New Jersey; or juvenile delinquency based upon
any of the above offenses.
B.
Word usage. In order for a parent to violate § 171-3 of this chapter, utilizing the terminology "allow," "permit" or "suffer," where a minor is apprehended and convicted of a violation of the public peace, the Chief of Police of the township, or his designated agent, shall forthwith serve written notice of the act and conviction on the parent. If at any time within 180 days of the giving of such notice, such minor shall again be charged and thereafter be subsequently convicted of the same classification 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 a 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 parent who shall violate the terms of this chapter shall, upon conviction
thereof, be subject to punishment by a fine not exceeding $500, in the discretion
of the court.
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.
