[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 8-9-1971 as Ch. 49 of
the 1971 Code. Amendments noted where applicable.]
[Amended 11-10-2003 by Ord. No. 2003-18; 9-12-2005 by Ord. No. 2005-18; 11-13-2018 by Ord. No. 2018-32C]
A.
It shall be unlawful for any minor under the age of 18 years to loiter
or remain in or upon any public street, highway, sidewalk, road, playground,
alley, park, vacant lot, public building, or unsupervised places,
either on foot or upon any vehicle, within the Borough of Beach Haven,
in the County of Ocean, between the hours of 10:00 p.m., prevailing
time, and 5:00 a.m., prevailing time, on the following day; provided,
however, that the provisions of this section shall not apply to any
minor when accompanied by his or her parent or legal guardian.
[Amended 7-27-2023 by Ord. No. 2023-22C]
B.
It shall be unlawful for any minor under the age of 18 years to loiter
or remain at or on any beach, either on foot or upon any vehicle,
within the Borough of Beach Haven, in the County of Ocean, between
the hours of 9:00 p.m., prevailing time, and 5:00 a.m., prevailing
time, on the following day; provided, however, that the provisions
of this section shall not apply to any minor when accompanied by his
or her parent or legal guardian. Notwithstanding the foregoing, bona
fide fishing from the beach shall be permitted. Furthermore, certain
other bona fide educational, civic, or community events may be permitted
in the discretion of the Chief of Police.
[Amended 11-10-2003 by Ord. No. 2003-18; 9-12-2005 by Ord. No. 2005-18]
It shall be unlawful for any parent, guardian
or other adult person having custody, care, or control of a minor
child under the age of 18 years knowingly to permit such minor to
loiter or remain unaccompanied by such parent, guardian or other adult
person upon any public street, highway, sidewalk, road, playground,
alley, park, vacant lot, bathing beach, public building, place of
amusement or places of business conducted for profit to which the
public is invited, or unsupervised places, either on foot in or upon
any vehicle, within the Borough of Beach Haven, in the County of Ocean,
between the hours of 12:00 midnight, prevailing time, and 5:00 a.m.,
prevailing time, on the following day.
[Amended 11-10-2003 by Ord. No. 2003-18]
The provisions of this chapter shall not apply
to any juvenile who is gainfully employed, a bona fide student of
a school of evening instruction, in attendance at a function sponsored
by a religious or school organization or in attendance at an adult-supervised
recreational program during the time necessary to travel between the
juvenile's residence and the place of assembly.
Should an emergency arise necessitating a minor
child under the age of 18 years to be dispatched upon an errand requiring
his or her presence in, on or upon a street or automobile, or in any
public or quasi-public place as aforesaid, during the curfew hours
established, he or she shall have in his or her possession a note
signed by the parent, guardian or other person having custody, care
or control of such minor child under the age of 18 years, stating
the nature of the errand, the necessity therefor, the place to which
such child is to go, the time such note was issued and the time required
for such errand. Failure to comply with the provisions of this section
shall constitute a violation of this chapter.
If it shall be established that a minor under
the age of 18 years loitered or remained in or upon any of the public
or quasi-public places in the Borough as above set forth, in violation
of this chapter, then it shall be presumed, in the absence of proof
to the contrary, that the parent or other adult person having the
care, control or custody of such minor knowingly permitted such conduct
on the part of such minor.[1]
