[HISTORY: Adopted by the Township Committee of the Township of Mantua 11-13-1973 (Ch. 119 of the 1978 Code). Amendments noted where applicable.]
Curfew — See Ch. 154.
The Township Committee does specifically find that far too many minors are committing breaches of the public peace which, in significant part, are occasioned by a failure of the parent of the minor. Although the existing statutes do afford a means to alert parents to their responsibilities to both the minor and society in general, it is the considered opinion and legislative judgment of the Committee that further legislation is necessary to accomplish effective parental control and supervision. This chapter, pursuant to N.J.S.A. 40:48-1, is intended to fill this void.
As used in this chapter, the following terms shall have the meanings indicated:
- Remaining idle in essentially one location, and includes the concepts of spending time idly, loafing or walking aimlessly, lounging, sleeping and, in the colloquial phrase, "hanging around."
- Any person under the age of 18 years.
- Includes either or both parents of a minor, the legal guardian(s) of such minor or any other person(s) having the care or custody of the minor committing the violation of the public peace. However, the term "parent" shall not apply to parents, legal guardians or other persons whose custody and control over such minor has been removed by court order, decree or judgment or by military service or marriage of such minor.
- PUBLIC PEACE
- Any place to which the public has access, and includes any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant or other place of business, and public grounds, areas, parks and schools, as well as parking lots, shopping centers or other private property not owned by or under the control of the person charged with violating this chapter or, in the case of a minor, not owned by or under the control of his parent or guardian.
- VIOLATION OF THE PUBLIC PEACE
- Includes any of the following acts:
- A. Trespassing.
- B. Defacing the property of another (graffiti).
- C. Destroying any property of another.
- D. Mugging.
- E. Assaults and battery.
- F. Destruction or defacing of public property owned by the government of the Township, county or state.
- G. Destruction of playground equipment and public parks.
- H. The consumption of alcoholic beverages on a public street.
- I. Drunkenness.
- J. Begging.
- K. Throwing, casting or placing any garbage, waste, papers, ashes, sewage, refuse, junk, rubbish, circulars, glasses, bottles, cans, dead animals or any other type of waste matter on any property, public or private, except in such areas as may be officially designated and licensed for dumping by the Township of Mantua.
- L. Throwing or depositing litter in or upon any private property or upon any street, sidewalk, park or other public place or property within the Township, except in public receptacles or in authorized private receptacles for collection or in official Township dumps, and litter shall include but not be limited to such items as paper, wrappings, cigarettes, cardboard, tin cans, leaves, wood, glass, crockery, bottles and similar materials.
- M. Indecent exposure.
- N. Loitering in a public place in such a manner as to:
- O. The making of unsolicited audible remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
- P. Making, continuing or causing to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, or creating any unreasonably loud, disturbing and unnecessary noise of such character, intensity or duration as is detrimental to the life or health of any individual or persons within the limits of the Township of Mantua or is offensive to persons of ordinary sensibilities, or possession and/or use of a controlled dangerous substance, as same shall be defined under Title 24, Revised Statutes of New Jersey, or juvenile delinquency based upon any of the above offenses.
It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage a minor 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.
In order for a parent to violate § 285-3 of this chapter, utilizing the terminology "allow," "permit" or "suffer," where a minor is apprehended and convicted of a violation of the public peace, the Chief of Police of the Township or his designated agent shall forthwith serve written notice of the act and conviction on the parent. If at any time within 180 days of the giving of such notice such minor shall again be charged and thereafter be subsequently convicted of the same classification of a violation of the public peace, it shall be rebuttably presumed that the parent allowed, permitted or suffered said minor to commit a violation of the public peace.
[Amended 4-25-1978; 4-25-1989]
Any parent who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
The remedy provisions of this chapter shall be cumulative and not exclusive, and the state or any other person shall have the right to proceed under any other legally available remedies.