As used in this chapter, the following terms
shall have the meanings indicated:
MINOR
Any unemancipated person under the age of 18 years.
PARENT
Includes either or both natural parents of a minor, the legal
guardians of such minor or any other adult persons who have voluntarily
or otherwise assumed the responsibilities of a natural parent with
respect to the custody, care and control of said minor. For the purpose
of this chapter, the term "parent" shall not apply to persons whose
responsibility for custody and control of such minor has been transferred
to another person or otherwise terminated by court order or by the
emancipation of said minor by marriage, military service or other
circumstances. Persons claiming benefit of any such termination or
transfer of responsibilities shall bear the burden of establishing
the same in any proceedings hereunder.
VIOLATION OF THE PUBLIC PEACE
Committing any of the following acts within the Borough of
Ridgefield:
A.
Defacing, damaging or destroying public property
or the private property of another.
B.
Committing an assault or assault and battery
upon another.
C.
Robbery, larceny, breaking and entering or entering
without breaking into the property of another with the intent to steal
or knowingly receiving stolen property.
D.
Threatening another with the intention of extorting
money or anything of value.
E.
Possession and/or use of a controlled dangerous
substance, as the same shall be defined under Title 24 of the Revised
Statutes of New Jersey, or juvenile delinquency based upon any of
the above offenses.
F.
Harassment of an individual, family or business
by repeated attacks, bothersome incursions or persistent disturbance.
G.
Making or causing false fire alarms.
H.
To demand, force or significantly encourage
another minor person to commit any of the aforementioned acts or violations.
It shall be unlawful for any parent to assist,
allow, suffer or encourage a minor person 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.
Whenever a minor is taken into custody, charged
with or detained for the commission of any such violation of the public
peace within the Borough of Ridgefield, the parent or parents of such
minor shall be notified immediately by the Police Department of such
custody, charge or detention and the reason therefor and of the responsibility
of parents under this chapter and penalties thereof.
When a minor is charged with a violation of
the public peace, as defined herein, and the court makes an adjudication
of delinquency, the Chief of Police or his designated agent shall
forthwith serve written notice of said adjudication of delinquency
upon the parent or parents, together with a written warning in a form
approved by the Borough Attorney, of the penalties and other provisions
of this chapter with respect to the commission within one year of
a second violation of the public peace, as defined herein, by said
minor. A record of such notification shall be kept by the Police Department.
If at any time within one year of the giving
of the above notice such minor shall be charged with a violation of
the public peace and shall again be adjudicated delinquent, it shall
be presumed, subject to a rebuttal by competent evidence, that the
parents of said minor during said period of time allowed, assisted,
suffered or encouraged said minor to commit a violation of the public
peace.
[Amended 3-25-1985 by Ord. No. 1281; 6-28-2010 by Ord. No.
2133]
A. If this chapter of the Code of the Borough of Ridgefield
provides for the licensing or permitting of the violator, the Mayor
and Council of the Borough of Ridgefield reserve the right to revoke
such permit or license.
B. Any person found guilty of violating this chapter
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine or imprisonment, or both, subject to the discretion
of the Judge, the maximum of which shall be the maximum fine or term
of imprisonment permitted to be imposed by the court having jurisdiction
over the violation of this chapter of the Code of the Borough of Ridgefield;
provided, however, that the fine shall not be less than $100 nor more
than $2,000 per offense and the prison term shall not exceed 90 days
in accordance with N.J.S.A. 40:49-5.
C. In the event of a continuing violation, each day shall
constitute a separate offense.
The remedy provisions of this chapter shall
be cumulative, not exclusive, and the state or any other person, business
or agency shall have the right to proceed under any other legally
available remedies.