[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
12-21-1999 by Ord. No. 1999-14. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 50.
For the purpose of this chapter, the following definitions shall apply:
A person, other than a parent, to whom legal custody of the juvenile
has been given by court order or who is acting in the place of a parent or
is responsible for the care and welfare of the juvenile.
An individual who is under the age of 18 years.
Actual knowledge or such total information which a parent or guardian
has or should reasonably be expected to have pertaining to the whereabouts
of the juvenile in such person's legal custody. It is intended to include,
within the meaning of knowledge, the requirement of neglectful or careless
parents or guardians to maintain a reasonable community standard of parental
responsibility through this objective test as to maintaining knowledge of
the juvenile's whereabouts.
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
or area.
A.
A juvenile is prohibited from being on any public street
or in any public place between the hours of 8:00 p.m. and 6:00 a.m. from October
28 to November 1, inclusive, of each year.
B.
The provisions of the chapter shall not apply to a juvenile
when any one of the following circumstances are present:
(1)
When the juvenile is accompanied by a parent or guardian
or other adult having the care and custody of the juvenile.
(2)
When the juvenile is engaged in an errand involving a
medical emergency.
(3)
When the juvenile is in attendance at an extracurricular
school activity.
(4)
When the juvenile is an attendant as a bona fide student
at an evening school of instruction.
(5)
When the juvenile is in attendance at a cultural, educational
or social event sponsored by a religious or community based organization.
Any parent or guardian who knowingly allows an unaccompanied juvenile
to be on any public street or in any public place during the operation of
a curfew and between the hours specified herein except as allowed herein shall
have been deemed to violate this chapter.
If any juvenile shall be apprehended for violating the provisions of
this chapter, the Police Department shall immediately notify the parents,
guardian or other adult having care and custody of the juvenile of such arrest,
and upon such notification, the parent, guardian or other adult having care
and custody of the juvenile shall immediately provide for the juvenile's placement
in their custody, care and keeping.
This chapter shall be posted in the Municipal Building, the Bay Head
Elementary School and in such public or quasi-public places as may be deemed
appropriate so that the public will be informed of the existence of this chapter.
This provision shall not be interpreted to require proof of actual notice
or knowledge of this chapter in order to have a conviction for violation of
any provision of this chapter.
Anyone convicted of violating this chapter shall be required to perform
community service of up to 240 hours and may be subject in addition to a fine
of up to $1,000. If both the juvenile and the juvenile's parent or guardian
violate this chapter, they shall be required to perform community service
together.
This chapter is adopted pursuant to N.J.S.A. 40:48-2.52. It is determined
that the standards established herein are consistent with the findings of
fact made by the legislature in its legislative history in adopting said legislation.
It is further determined that the language contained herein does establish
clear standards and precise language adequate to apprise a juvenile and a
parent or guardian of that which is unlawful as well as that which is adequate
to circumscribe the discretion of police officers so as to prevent subjective
and discriminatory enforcement of this chapter.
