[HISTORY: Adopted by the Township Committee
of the Township of Mantua 8-11-1964 (Ch. 68 of the 1978 Code). Amendments noted where applicable.]
[Amended 8-10-1965; 9-14-1971]
It shall be unlawful for any minor under the
age of 17 years to loiter, idle, wander, stroll or play in or remain
in or be upon the public streets, highways, roads, alleys, parks,
playgrounds, public places, public buildings, places of amusement
and entertainment, places of business carried on for profit to which
the public is invited, vacant lots or other public places, either
on foot or in any vehicle, within the confines of the Township, between
the hours of 10:00 p.m. and 6:00 a.m. of the following day if such
following day is a day when school is normally scheduled to be in
session; provided, however, that such curfew shall begin at 12:00
midnight on each Friday and Saturday of the year, and provided further
that such curfew shall begin at 11:00 p.m. on any night except Friday
and Saturday which is not followed by a day on which school is normally
scheduled to be in session. The provisions of this section shall not
apply to any such minor accompanied by his parent or parents, guardian
or other adult person having the care or custody of such minor.
It shall be unlawful for a juvenile of any age
under 18 years within the discretion of the Township to be in any
public place during the hours when the juvenile is required to be
in attendance at either a public or nonpublic school unless the juvenile
is accompanied by a parent or guardian or is carrying written permission
from the juvenile's educational authority allowing the juvenile to
be in a public place.
[Amended 8-10-1965; 9-14-1971]
It shall be unlawful for the parent or parents, guardian or other adult person having the care or custody of a minor under the age of 17 years to permit such minor to loiter, idle, wander, stroll or play in or remain in or be upon the public streets, highways, roads, alleys, parks, playgrounds, public places, public buildings, places of amusement and entertainment, places of business carried on for profit to which the public is invited, vacant lots or other public places, either on foot or in any vehicle, within the confines of the Township, between the hours set forth in § 154-1 hereof; provided, however, that the provisions of this section shall not apply to any such minor accompanied by his parent or parents, guardian or other adult person having the care or custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his parent or parents, guardian or other adult person having the care or custody of the minor.
It shall be unlawful for any owner or operator of any establishment as described in §§ 154-1 and 154-3 of this chapter to suffer or permit such minor to loiter, idle, wander, stroll or play in or remain in or be upon the public streets and all other places as set forth in §§ 154-1 and 154-3 of this chapter during the times therein set forth, subject to the provisions contained in said §§ 154-1 and 154-3.
[Amended 8-10-1965; 9-14-1971]
The provisions of this chapter shall not apply
to any minor below the age of 17 years who shall be gainfully employed,
who shall be a bona fide student of a school of evening instruction,
who shall be in attendance at a function sponsored by a religious
or school organization or who shall be in attendance at a properly
supervised recreational program, during the time necessarily required
to travel between such minor's residence and said place of assembly.
[Amended 8-10-1965; 9-14-1971]
Should an emergency arise necessitating a minor
child under the age of 17 years being dispatched upon an errand requiring
his presence upon any street, highway, road or roadway or any other
place or area open to the public during the hours to which the use
thereof by such unattended minor child is prohibited by this chapter,
such child shall have in his possession a note or message in writing,
signed by a person of his household over the age of 21 years, stating
the nature of the errand, the necessity therefor, the place of destination
at which the mission is to be accomplished, the time such message
was executed and the approximate time required for the errand. Any
abuse of the purpose or spirit of this section shall constitute a
violation of the provisions of this chapter.
A.
Every member of the Police Department of the Township
and all other officials charged with law enforcement within the Township
are hereby authorized, empowered and directed to enforce the provisions
of this chapter, and it shall be a part of their official duty and
obligation to the Township Committee and the public at large to follow
the directives prescribed in this section.
B.
The first duty upon the apprehending officer or official
shall be to take the minor child into protective custody. He shall
then make a complete record of the circumstances under which the child
was first seen and discovered in an apparent violation of the purposes
of this chapter, and such record shall include the name and address
of the minor child, the names and addresses of all persons who have
either legal or moral responsibility for the minor child's well-being
and the category of such responsibility (i.e., parent, guardian, custodian,
etc.). Upon completion of a record of all salient facts available,
the apprehending official shall either order the minor child to return
to his home or place of residence forthwith or personally accompany
such minor child to his home, depending upon all the facts and extremities
of the case. In all cases the apprehending official shall report the
facts within 24 hours to the Chief of Police or Director of Public
Safety of the Township, who, in turn, shall cause all pertinent allegations,
facts and circumstances to be recorded as a permanent record for future
reference.
[Added 4-25-1978]
Upon receipt of the report required in the preceding
section, it shall be the duty of the Chief of Police to serve a formal
notice upon all persons whose names appear in the report of the apprehending
officer or official or in any inquiry made as a result of such report,
who have or seem to have any legal or moral responsibility for the
well-being of the minor child involved, that there has been a violation
of this chapter. The notice prescribed shall be captioned: "Notice
of First Violation of Curfew Ordinance" and shall contain all pertinent
facts in any given case. Such notice may be served personally by any
member of the Police Department or mailed by registered letter. For
the purposes of this chapter, such notice, when duly produced and
admitted as evidence in the Municipal Court of the Township, shall
constitute an unequivocal basis for proceeding with a trial in which
a second or subsequent violation hereof is the offense charged.
[Amended 8-10-1965; 9-14-1971; 4-25-1978; 4-25-1989]
A.
Violators shall be required to perform community service
and may be subject to a fine of up to $1,000. If both a juvenile and
the juvenile's parent or guardian violate this chapter, they shall
be required to perform community service together.[1]
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
