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City of Rahway, NJ
Union County
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Table of Contents
Table of Contents
Code
New Laws (3) Index Notes (1)
Public Documents
Legislation (3)
[HISTORY: Adopted by the City Council of the City of Rahway as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Powers of Mayor during civil emergencies — See Ch. 5, Art. V.
Amusements, exhibitions and performances — See Ch. 137.
Closing hours of businesses — See Ch. 163, Art. II.
Peace and good order — See Ch. 307.
[Adopted 7-9-1984 by Ord. No. A-12-84 as Ch. 90, Art. I, of the 1984 Code]
As used in this chapter, the following terms shall have the meanings indicated:
CHILD OR MINOR CHILD
A child under the age of 16 years.
[Amended 4-12-1993 by Ord. No. A-13-93]
It shall be unlawful for a minor child to be upon any public street, park or public place or quasi-public place either on foot or in a vehicle between the hours of 10:00 p.m. and 6:00 a.m. of the following day Sunday through Thursday or between the hours of 11:00 p.m. and 6:00 a.m. the following day Friday or Saturday, unless accompanied by his parent or a member of his family over the age of 18 or by his legal guardian or other person who shall have the legal custody and control of said minor child.
It shall be unlawful for any parent, legal guardian or such other person having the legal custody and control of a minor child to allow, suffer or permit any such minor child to go or be in or upon any public street, park or public place or quasi-public place, either on foot or in a vehicle, during the times enumerated in § 181-2, except in the manner and for the purposes hereinafter specified.
This article shall not apply to a minor child who shall be gainfully employed or who shall be a bona fide student of a school of instruction during the time necessarily required to travel between such minor child's residence and his place of employment or instruction.
Should any emergency arise necessitating such minor child being dispatched upon an errand requiring his presence upon a public street, park or public place or quasi-public place after the curfew hour established in § 181-2, he shall not be deemed to be in violation of this article if he has in his possession a note signed by some person in his immediate household over the age of 18 years stating the:
A. 
Nature of his errand.
B. 
Necessity therefor.
C. 
Place to which said minor is to go.
D. 
Time when such note was issued.
E. 
Estimated time required for such errand.
Any city police or truant officer is hereby authorized and empowered to take into custody any minor child who may be in the act of violating the provisions of this article. Such officer shall forthwith return said child to his home and immediately release said child into the custody of parent, legal guardian or other person who has legal custody of such minor child. Said policeman or truant officer shall notify the parent or legal guardian or other person having the care or legal custody of said child of the violation of this article and the penalty for second or subsequent violation of this article. The officer shall report the violation to the Chief of Police of the city, who shall keep a record thereof.
If it is established that the parent, guardian or such other person having the custody and control of such minor child was duly notified pursuant to § 181-6 of this article that such minor had been taken into custody for a violation of § 181-2 of this article, then it shall be presumed, in the absence of proof to the contrary, that such parent, guardian or other person having custody of such minor knowingly permitted such subsequent violation.
A. 
Upon the second or subsequent violation of the provisions of this article by a minor child, such child shall be placed in the jurisdiction of the Juvenile and Domestic Relations Court for such disposition as the Court may decide.
B. 
Upon the second or subsequent violation of this article by a minor child, a parent, legal guardian or other person having legal custody of said minor child shall be brought before the Municipal Court of the city where, upon conviction of a violation of this article, such parent, legal guardian or other person having legal custody shall be punished by a fine not exceeding $500.
[Amended 4-12-1993 by Ord. No. A-13-93]
[Adopted 7-9-1984 by Ord. No. A-12-84 as Ch. 90, Art. II, of the 1984 Code]
Whenever the Mayor or, in his absence, the President of the Municipal Council declares that a state of emergency exists, requiring the protection of persons or property because of the probability or imminence of mob or other violence, the Mayor or said President, as the case may be, is hereby empowered to issue a proclamation directing that it shall be unlawful for any person (with such exceptions as he shall deem proper in the public interest) to be upon any public street or public park or public place or quasi-public place (or on such of said public places or quasi-public places as, in his judgment, he deems proper), either on foot or in a vehicle, during such hours as the Mayor or said President, as the case may be, may designate. Upon receiving oral or written notice of such proclamation, every person shall promptly obey said proclamation.
[1]
Editor's Note: As to the powers of the Mayor in emergencies generally, see Ch. 5, Administration of Government, Art. V, Powers of Mayor During Civil Emergencies.
Any person violating this article may be immediately apprehended by any police officer, and such violator shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.