[HISTORY: Adopted by the Township Committee
of the Township of Mantua 11-13-1973 (Ch. 119 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
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.
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.
Includes any of the following acts:
Trespassing.
Defacing the property of another (graffiti).
Destroying any property of another.
Mugging.
Assaults and battery.
Destruction or defacing of public property owned
by the government of the Township, county or state.
Destruction of playground equipment and public
parks.
The consumption of alcoholic beverages on a
public street.
Drunkenness.
Begging.
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.
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.
Indecent exposure.
Loitering in a public place in such a manner
as to:
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.
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]
A.
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.
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.
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.
