[HISTORY: Adopted by the Mayor and Council
of the Borough of Maywood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-19-1972 by Ord. No. 660]
As used in this chapter, the following terms
shall have the meanings indicated:
Remaining idle in essentially one location, and shall include
the concepts of spending time idly, loafing or walking about aimlessly,
and shall also include the colloquial expression "hanging around."
Any place to which the public has access, and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business and public grounds, areas, parks, as well
as parking lots or other vacant 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 or under the control of his parent
or guardian.
No person shall loiter in a public place in
such a manner as to:
A.
Create or cause to be created a danger of a breach
of the peace.
B.
Create or cause to be created any disturbance or annoyance
to the comfort and repose of any person.
C.
Obstruct the free passage of pedestrians or vehicles.
D.
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 218-1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing they are made.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 218-2. he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
[Amended 12-29-1987 by Ord. No. 15-87]
Any person violating any of the provisions of
this chapter shall, upon conviction, be punished by a fine not exceeding
$1,000 or by imprisonment not exceeding 90 days, or both, in the discretion
of the court.
[Adopted 10-20-2011 by Ord. No. 8-11]
The purposes of the within article are as follows:
A.
Promote the general welfare and protect the general public through
the reduction in juvenile mischief and crimes within the Borough.
B.
Promote the safety and well-being of the Borough's youngest
citizens, persons under the age of 18 years, whose vulnerability and
inexperience renders them particularly vulnerable to becoming participants
in unlawful activities, particularly mischief and vandalism, and to
being victimized by older perpetrators of unlawful activity.
C.
Foster and strengthen parental responsibility for children.
As used in this article, the following terms shall have the
meanings indicated:
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.
A.
Except as otherwise provided herein, no juvenile shall be on any
public street or public place throughout the Borough of Maywood between
the hours of 10:00 p.m. on October 30 and 6:00 a.m. on October 31
of any year, unless accompanied by the juvenile's parent or guardian
or unless engaged in, or traveling directly to and from, a business
or occupation which the laws of New Jersey authorize a juvenile to
perform.
Notwithstanding the prohibitions set forth in § 218-7 above, juveniles shall be permitted on any public street or public place between the hours set forth in § 218-7 above if such juvenile shall meet any of the following exceptions:
A.
If the juvenile is on an errand, or traveling directly to or from
such errand, for a parent or guardian with the knowledge and consent
of such parent or guardian and at the direction of a parent or guardian,
and the juvenile has in his or her possession a writing, signed by
the parent or guardian, containing the name, address, signature and
telephone number where the parent or guardian can be reached during
the errand, the name of the juvenile, a brief description of the errand
and the destination thereof, and the hours the juvenile is authorized
to engage in such errand; or
B.
If the juvenile is attending or is traveling to or from an adult-supervised
recreational, cultural or educational activity or social event sponsored
by a school, civic, public, religious or other community-based organization;
or
C.
If the juvenile is engaged in interstate travel; or
D.
If the juvenile is on a sidewalk abutting the residence of a parent
or a guardian; or
E.
If the juvenile is involved in an emergency that would require immediate
action to safeguard life, limb or property or that would otherwise
warrant police, fire or first-aid personnel to be summoned; or
F.
If the juvenile is exercising First Amendment rights protected by
the United States Constitution, or similar rights protected by the
Constitution of the State of New Jersey, such as the free exercise
of religion, freedom of speech and the right of assembly; or
G.
If the juvenile is married or has been legally emancipated in accordance
with law.
A.
If a law enforcement officer observes a juvenile during curfew hours on any public street or public place within the Borough of Maywood, such law enforcement officer may stop such juvenile solely for the purpose of determining such juvenile's age and, if such juvenile is below the age of 18 years, whether such juvenile is accompanied by a parent or guardian, whether such juvenile is engaged in or traveling to or from a business or occupation that the laws of New Jersey authorize a juvenile to perform, or whether any of the exceptions set forth in § 218-8 above exist.
B.
If the law enforcement officer has probable cause to believe that the juvenile is below the age of 18 years, is upon any public street or public place within the Borough of Maywood during the curfew hours, is not accompanied by a parent or guardian, is not engaged in or traveling to or from a business or occupation that the laws of New Jersey authorize a juvenile to perform and that none of the exceptions set forth in § 218-8 exist, the law enforcement officer may take the juvenile into custody, transport the juvenile to police headquarters or to the juvenile's residence, notify the juvenile's parent or guardian, and issue the appropriate summons or complaint.
Any person violating the provisions of this article shall, upon
conviction thereof, be required to perform community service and may
be subject to a fine of up to $1,000 for each offense. If both the
juvenile and the juvenile's parent or guardian are found to have
violated the provisions of this article, they shall be required to
perform community service together.
