[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.]
GENERAL REFERENCES
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.
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:
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.
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.
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]
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
