[HISTORY: Adopted by the Borough Council of the Borough of Bay Head 12-21-1999 by Ord. No. 1999-14. Amendments noted where applicable.]
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.
- 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 or area.
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.
The provisions of the chapter shall not apply to a juvenile when any one of the following circumstances are present:
When the juvenile is accompanied by a parent or guardian or other adult having the care and custody of the juvenile.
When the juvenile is engaged in an errand involving a medical emergency.
When the juvenile is in attendance at an extracurricular school activity.
When the juvenile is an attendant as a bona fide student at an evening school of instruction.
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.