[HISTORY: Adopted by the Common Council of the City of Linwood 11-13-1975
by Ord. No. 17-1975. Amendments noted where applicable.]
The Common Council finds that far too many minors are contributing to
breaches of the public peace, which in significant part is occasioned by a
lack of responsibility on the part of the parents of the minors. Although
the existing statutes do afford a means to alert parents of their responsibilities
to both the minor and society in general, it is considered the opinion and
legislative judgment of the Common Council that further legislation is necessary
to encourage greater parental concern and responsibility and to fill the void
where traditional parental control is inadequate. This chapter, pursuant to
N.J.S.A. 40:48-1, is intended to fill this void.
[Amended 2-11-1976 by Ord.
No. 2-1976]
As used in this chapter, the following terms shall have the meanings
indicated:
Any unemancipated person under the age of 18 years.
Includes either or both natural parents of the minor, the legal guardians
of such minor or any other adult persons who have voluntarily or otherwise
assumed the responsibilities of a natural parent with respect to the custody,
care and control of said minor. For the purposes of the enforcement of this
chapter, the term "parent" shall not apply to natural parents, legal guardians
or other persons whose responsibility for the custody and control of such
minor has been transferred to another person or otherwise terminated by court
order or by the emancipation of said minor by marriage, military service or
other circumstances. Persons claiming the benefit of any such termination
or transfer of responsibilities shall bear the burden of establishing the
same in any proceedings hereunder.
Includes any of the following acts: defacing, damaging or destroying
public property of another within the City of Linwood; or committing an assault
or assault and battery upon another in the City of Linwood; robbery, stealing
or larceny, including shoplifting; knowingly receiving stolen property; violation
of any existing loitering or curfew laws of the City of Linwood; consuming
and/or possessing alcoholic beverages in a public place in the City of Linwood;
or breaking and entering or entering without breaking into the property of
another or without the intent to steal or remove property without the permission
of the owner; or threatening another with the intention of extorting money
or anything of value to the owner; or possession and/or use of a controlled
dangerous substance, as same shall be defined under Title 24, Revised Statutes
of New Jersey; or behaving in such a manner as to create a real or implied
threat of harm to another individual by threatening gestures and/or words
that denote physical threat; or the use of abusive or obscene language; or
the use of one's voice, instrument or device in a manner so as to deprive
one of quiet enjoyment; or harassment of any individual, family or business
in the City of Linwood (harassment: to trouble by repeated attacks; incursions;
to disturb persistently); or, while on public property, the operating of or
riding upon any minibike, motorcycle or other motor vehicle for which the
operator does not have in his possession a current registration, a valid driver's
license or a current insurance card as required by N.J.S.A. 39:3-29; or to
demand, request or encourage another or others to commit any of the aforementioned
acts of violation or any other act covered by N.J.S.A. 2A:4-42[1] relating to juvenile behavior.
[1]
Editor's Note: Repealed by L. 1982, c. 77.
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 or failure to act or by lack of supervision
and control over such minor.
[Amended 2-11-1976 by Ord.
No. 2-1976]
A.Â
Whenever a minor shall be taken into custody or detained
for the commission of any such violation of the public peace within the City
of Linwood, the parents of such minor shall be immediately notified by the
Municipal Court Clerk, the Chief of Police, the Juvenile Officer or the arresting
officer of the City of Linwood of such custody or detention and reason therefor
and of the responsibility of the parents under this chapter.
B.Â
When a minor is convicted of a violation of the public
peace as defined herein or is adjudicated a juvenile delinquent by the Juvenile
and Domestic Relations Court of the State of New Jersey or admits his or her
guilt before the Juvenile Conference Committee of the City of Linwood, then,
in that event, the Municipal Court Clerk or her designated agent shall forthwith
serve written notice of said conviction, adjudication or admission of guilt
upon the parents, together with a written warning of the penalties and other
provisions of this chapter with respect to the commission within 180 days
of a second violation of the public peace by said minor.
[Amended 2-11-1976 by Ord.
No. 2-1976]
If at any time within 180 days of the giving of such notice, such minor
shall again be convicted of a violation of the public peace as defined herein,
shall be adjudicated a juvenile delinquent by the Juvenile and Domestic Relations
Court of the State of New Jersey or shall admit his or her guilt before the
Juvenile Conference Committee of the City of Linwood, then, in that event,
it shall be presumed, subject to rebuttal by competent evidence, that the
parent of said minor during said period of time allowed, permitted or suffered
said minor to commit a violation of the public peace.
Any parent who shall violate the terms of this chapter shall, upon conviction
thereof, be subject to punishment by a fine not exceeding $500 or imprisonment
not in excess of 90 days, or both, in the discretion of the court.
The remedy provision of this chapter shall not be exclusive, and the
state or any other person shall have the right to proceed under any other
legally available remedies.
