[HISTORY: Adopted by the Township Committee of the Township of Medford 7-1-1964 as Ord. No. 1964-3. Sections 61-1, 61-2, 61-6 and 61-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Police Department — See Ch. 16.
As used in this chapter, the following terms shall have the meanings indicated:
- LAWFULLY OR MORALLY RESPONSIBLE
- The custodial responsibility of any person above the age of 18 years toward a minor child, within this chapter.
- To linger, loaf, lounge, loll, dally, trifle, lag, slouch or poke or fritter away time without good cause.
It shall be unlawful for any minor under the age of 18, regardless of his place of residence, to ride, loiter, run through, wander, stroll through or remain on or about any of the streets, highways, roads, roadways, alleys, parks or other areas or in any quasi-public place or in any other place open to the public in the Township of Medford, either on foot or by any form of conveyance, after the hour of 11:00 p.m., prevailing time, and before 5:00 a.m., prevailing time, except on Friday and Saturday, when the hours shall be fixed between 11:55 p.m. and 5:00 a.m, prevailing time, unless accompanied by a parent or legal guardian or some duly authorized and accredited custodian of at least 18 years of age who exercises such control of said minor with the consent of the parent or legal guardian, except as hereinafter provided.
It shall be unlawful for any parent, legal guardian or duly authorized and accredited custodian as referred to in § 61-2, having lawful custody of any minor under the age of 18 years, to allow or permit any such minor to ride, loiter, run through, wander, stroll through or remain on or about any of the streets, highways, roads, roadways, alleys, parks or other areas or in any quasi-public place or in any other place open to the public in the Township of Medford, in violation of § 61-2, except as hereinafter provided.
It shall be unlawful for the owner or operator of any quasi-public place or any other place open to the public in the Township of Medford, to suffer or permit any minor under the age of 18 years to remain in or about such premises in violation of § 61-2.
The provisions of this chapter shall not apply to any minor who shall be gainfully and lawfully employed, or who shall be a bona fide evening student of any school, college or university of evening instruction, or who shall be in attendance at any evening function sponsored by a religious, fraternal or school organization, or who shall be on an errand as set forth in § 61-6 during the time necessarily required to travel between such minor's residence and any of the aforesaid places at a given time; provided, however, that the parent, legal guardian or other duly authorized and accredited custodian must at all times be ready to account for the travel period allowed hereunder and be responsible for the unforeseen incidents if the minor under the age of 18 years shall wander off the safest and most direct route of travel between the said minor's residence and any of the aforesaid places.
Should an emergency arise necessitating a minor under the age of 18 years being dispatched on an errand requiring his acting in violation of § 61-2, the acts otherwise constituting a violation shall not be a violation if said minor shall have in his possession a writing signed by a parent or legal guardian or some duly authorized and accredited custodian of at least 18 years of age, stating the nature of the errand, the necessity therefor, the place or destination at which the mission is to be accomplished and the approximate times between which the errand is to be performed.
Every member of the Police Department of the Township of Medford and all other officials of the township charged with law enforcement within said township, including the members of the Township Council, are hereby authorized, empowered and directed to vigorously enforce the provisions of this chapter.
The first duty of the apprehending officer or official shall be to take the minor under 18 years of age who has violated this chapter into protective custody and to make a complete record of the circumstances under which the said minor was first seen or discovered in the apparent violation of this chapter. Such record shall include the name and address of the minor, the names and addresses of all persons who have either legal or moral obligation for the said minor's well-being and the nature of said obligation (i.e., parent, guardian, custodian, etc.). Upon completion of a record of all the pertinent facts available, said officer or official shall cause the minor to be returned to his home or place of residence and inform the parent or legal guardian with whom said minor resides that such parent or legal guardian shall be summoned before the Juvenile Conference Committee of the Township of Medford, or in cases of nonresident violators, to their local Conference Committee, and that at the time of the appearance before the said Committee there will be a complete review of all the facts and circumstances in the case and consequences of subsequent violations will be outlined. Said officer or official shall then forward the report described in this section to the Secretary of said Committee.
Upon receipt of the report required under § 61-8, it shall be the duty of the Juvenile Conference Committee to serve formal notice upon all persons whose names appear in the said report or, as a result of any inquiry made as a result of said report, who have or seem to have any legal or moral obligation for the well-being of the minor involved, that there has been a violation of this chapter. The notice prescribed shall be captioned "Notice of First Violation of Curfew Ordinance of the Township of Medford" and shall contain all the pertinent facts in a given case. Such notice shall be served by the Secretary of the Juvenile Conference Committee by certified mail. For the purposes of this chapter, the return receipt of the certified letter, when duly produced and admitted as evidence in the Juvenile Court of the County of Burlington, shall constitute an unequivocal basis for proceeding with trial in which a second or additional violation hereof is charged.
The Juvenile Conference Committee is hereby authorized and empowered to proceed and deal with all violations hereof in accordance with its full scope of its lawful authority, and in so doing to exercise all discretion properly vested in it.
Upon the second or subsequent violation hereof by the same minor, the parent, legal guardian or other custodian as described in § 61-2, or other person as described in § 61-4, shall be summoned by the Chief of Police or a member of the Police Department of the Township of Medford to appear before the Judge of the Municipal Court of the Township of Medford, to show cause why said custodian or other person should not be subject to a fine of not more than $500 or imprisonment not to exceed 90 days, or both.
For the purposes of this section, knowledge of a violation by a minor under the age of 18 years or consent thereto by any parent, guardian or custodian as referred to in § 61-2, or any other person described in § 61-4, shall in no way be a part of the violation of this chapter by such persons, nor shall proof thereof be necessary in any judicial proceeding based thereon, but the actual doing of the violation by the minor and the existence of any relationship described in any section hereof between the minor violator and the person being charged shall be in itself a violation thereof and warrant the imposition of all the sanctions hereof.