[HISTORY: Adopted by the Township Committee of the Township of Ocean by Ord. No. 1994-8 (§ 5-23 of the 1972 Ocean Codified Ordinances). Amendments noted where applicable.]
Peace and good order — See Ch. 268.
For the purpose of this chapter, the following terms, phrases, words and their derivations, shall have the meaning given in this section. When not inconsistent with the context, words used the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
- Includes knowledge or information which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. It is intended to include and require neglectful or careless parents to maintain reasonable community standard of parental responsibility through an objective test. It shall be no defense that parent was indifferent to the activities or conduct or whereabouts of such minor.
- MINOR or JUVENILE
- Any person under the age of 18 or equivalent phrasing often herein employed, any person 17 or less years of age.
- Any persons having legal custody of minor:
- PUBLIC PLACE
- Any place to which the public has access, including but not limited to 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.
- TIME OF NIGHT
- As referred to in this chapter, shall be based upon the prevailing standard of time, whether Eastern standard time or Eastern daylight saving time, generally observed at that hour by the public in the Township, prima facie the time then observed in the police station.
- The Township of Ocean, County of Ocean, municipal corporation of the State of New Jersey.
- YEAR OF AGE
- Continues from one birthday, such as the 17th to (but not including the day of) the next, such as the 18th birthday, making it clear that 17 or less years of age is herein treated as equivalent to the phrase, "under 18 years of age." Similarly, for example, 13 or less years of age means "under 14 years of age."
[Amended by Ord. No. 2002-28; Ord. No. 2004-26]
It is unlawful for any person or persons 13 years of age or less to be or remain in or upon any public place within the Township after 9:00 p.m., for the period of October 24 through November 1 of any calendar year and 10:00 p.m. for the period November 2 through October 23 of each calendar year.
It is unlawful for any person 17 years of age or less to be or remain in or upon any public place within the Township after 10:00 p.m., for the period of October 24 through November 1 of any calendar year and 11:00 p.m. for the period November 2 through October 23 of each calendar year.
It is unlawful for a parent having legal custody of a minor knowingly to permit or by inefficient control to allow such minor to be or remain upon any Township street or in any place under circumstances not constituting an exception to, or otherwise beyond the scope of, the Curfew Ordinance as contained this chapter.
If, after receipt of warning notice pursuant to this chapter of first violation by a juvenile, second curfew violation is adjudicated against the same minor, the parents of the minor shall be subject to prosecution under this section. Violators of this chapter shall be required to perform community service and may be subject to fine of up to $1,000. If both the juvenile and the juvenile's parent violate the Curfew Ordinance, they shall be required to perform community service together.
Any juvenile who shall violate any of the provisions of the Curfew Ordinance, as contained this chapter, more than three times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision and the Chief of Police may proceed to file such charges with the Superior Court of New Jersey, Family Part, as he/she may deem appropriate.
Notwithstanding the provisions of §§ 144-2 through 144-4, juveniles engaged in errands involving medical emergencies or to attend extracurricular school activities (activities sponsored by religious or community-based organizations) and other cultural, educational and social events sponsored by religious or community-based organizations after 10:00 p.m. and before 6:00 a.m. shall not be required to comply with the curfew requirements set forth in this chapter.