[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 6-4-1964
by Ord. No. 61; amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 144.
A.
Findings of Council.
(1)
The Council of the Borough of Folsom hereby finds that
there has been a significant breakdown in the supervision normally provided
by certain parents and guidance for juveniles under 18 years of age resulting
in juveniles being involved in a wide range of unacceptable behavior, including
vandalism, noisy and rowdy behavior, breaking and entering, public drinking
and littering and harassment of residents.
(2)
The Council further finds that the offensive activities
of the juveniles are not easily controlled by existing laws and ordinances
because the activities are easily concealed whenever police officers are present
and that the establishment of reasonable curfew regulations will enable the
community to better control the free and unobstructed access to the streets
and public places by the majority of residents and will enable the police
to act reasonably and fairly to prevent the violation of laws and ordinances
by juveniles.
(3)
The Council further finds and has determined that a curfew
meets a very real local need and that curfew ordinances in other communities
have been a significant factor in minimizing juvenile delinquency. A curfew
in the Borough of Folsom is particularly appropriate in view of the basic
residential nature of the community in the sense of the community that there
is a proper time for the cessation of outdoor activities of juveniles. That
sense of community is reflected by the curfew hours declared by this chapter
which take into consideration also the danger hours for nocturnal crime and
for accumulations of juveniles with potential risk incident to immaturity.
B.
Purpose.
(1)
In enacting this chapter, the Council adopts the findings
of the legislature expressed in P.L. 1992, c. 132 (N.J.S.A. 40:48-2.52), and
has taken note of the peculiar vulnerability of children, both as victims
of crime and as perpetrators of offenses because of peer pressure. This chapter
is intended not only to prevent children from causing harm, but also is intended
to protect children themselves from being harmed as victims of nocturnal crime.
(2)
The Borough of Folsom is basically a family community.
Parental responsibility for the whereabouts of children is the accepted norm
by a substantial majority of the community. Legal sanctions to enforce such
responsibility have had a demonstrated effectiveness in many communities over
the years. The Council has determined that as parental control increases there
is a likelihood that juvenile delinquency decreases and that there is a need
for a nocturnal curfew for juveniles in the Borough of Folsom and that the
establishment of a curfew applicable to juveniles will reinforce the primary
authority and responsibility of parents and guardians over juveniles in their
care and custody.
(3)
It is not the intent of this chapter to supplant parental
supervision. The Council recognizes the right of parents to direct their children's
upbringing and family autonomy against unreasonable interference. The Council
is also aware that, in cases in which harm to the physical or mental health
of a child or to the public safety, peace, order or welfare is threatened,
the legitimate interests of the community as a whole may override the parents'
qualified right to control the upbringing of their children.
(4)
The Council also recognizes that juveniles are protected
with certain constitutional rights and guaranties that are enjoyed by all
citizens of this community. It is not the intention of this chapter to deprive
juveniles of the ability to exercise valid rights secured to them under the
Constitution of the United States or the State of New Jersey. The function
of this chapter is, instead, to protect juveniles and to balance the right
of all citizens of the Borough of Folsom so that all may enjoy the rights
and privileges of citizens as guaranteed to them by the Constitution and laws
of this country and this state.
The following terms used in this chapter are defined as follows:
A person, other than a parent, to whom legal custody of the juvenile
has been given by court order or who is acting in the place of the parent
or is responsible for the care and welfare of the juvenile.
An individual who is under the age of 18 years.
Any place to which the public has access, including but not limited
to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park,
recreation or shopping area, public transportation facility, vehicle used
for public transportation, parking lot or any other public building, structure
or area.
It shall be unlawful for any person to be or remain on or upon any public
place within the Borough of Folsom between the following hours:
A juvenile on the street during the hours referred to in the previous
section shall not be considered in violation of this chapter under the following
circumstances:
A.
When accompanied by a parent or guardian of such juvenile.
B.
When accompanied by an adult authorized by a parent of
such juvenile to take said parent's place in accompanying said juvenile for
a designated period of time and purpose within a specified area.
C.
When exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of religion, freedom
of speech and the right of such exercise, provided that the juvenile has in
his or her possession a written communication, signed by the juvenile and
countersigned by a parent or guardian of the juvenile, with their home address
and telephone number, specifying when, where and in what manner the juvenile
will be on the streets at night during hours when this chapter is otherwise
applicable to said juvenile in the exercise of a First Amendment right specified
in such communication.
D.
In case of reasonable necessity for the juvenile remaining
on the streets, provided that the juvenile has in his or her possession a
written communication, signed by the juvenile and countersigned by a parent
or guardian of the juvenile, with their home address and telephone number,
setting forth the facts establishing the reasonable necessity relating to
remaining on specified streets at a designated time for a described purpose,
including points of origin and destination.
E.
When the juvenile is on the sidewalk or property where
the juvenile resides or on either side of or across the street from the place
where the juvenile resides and the adult owner or resident of that property
has given permission for the juvenile to be there.
F.
When returning home from and within one hour after the
termination of a school- or Borough-sponsored activity or an activity of a
religious or other voluntary association, provided that the juvenile has in
his or her possession a written communication, signed by the juvenile and
countersigned by a parent or guardian of the juvenile with their home address
and telephone number, indicating the place and probable time of termination
of the activity.
G.
When the juvenile is, with parental consent, in a motor
vehicle. This contemplates normal travel. It is the intention of this provision
to clearly exempt bona fide interstate movements along major routes through
the Borough of Folsom and interstate travel beginning or ending in the Borough
of Folsom.
H.
When engaged in or traveling to or from a place of employment.
I.
When engaged in an errand involving a medical emergency.
Upon charging a juvenile with violation of this chapter, notice of the
same shall be given, in writing, by the police to the juvenile's parent or
guardian, which notice shall be sent by certified mail, return receipt requested,
and by regular mail. If at any time within 30 days following the giving of
notice as provided herein the juvenile to whom such notice related or applied
is again charged, and upon such charge is subsequently convicted of a violation
of the curfew provisions of this chapter, it shall be rebuttably presumed
that the juvenile committed such subsequent violation with the knowledge,
allowance, permission or sufferance of the parent or guardian of such juvenile,
and the parent or guardian shall thereupon be charged with a violation of
this chapter.
Any person found in violation of this chapter shall be subject to a
fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination thereof.
If both a juvenile and the juvenile's parent or guardian violate such chapter,
they shall be required to perform community service together.
This chapter shall be liberally construed to effectuate the purpose
and intent of P.L. 1992, c. 132 (N.J.S.A. 40:48-2.52).