[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 4-3-2007 by Ord. No. 3-2007. Amendments noted where
applicable.]
The following terms shall have the following meanings:
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
An activity relating to officially or semiofficially approved
and usually organized student activities (such as school plays, school
trips, school club activities, athletics, etc.) connected with school.
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.
A parent, guardian or person specifically authorized in writing
by a parent or guardian to speak for the juvenile with regard to an
alleged violation of this chapter. Such person may include, but is
not limited to, a doctor, a religious leader, a school administrator
or teacher, or the representative of a legitimate organization located
within the Borough of Washington.
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.
Any bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement or protracted
loss or impairment of the function of any bodily member or organ.
There is hereby imposed a curfew on juveniles in the Borough of Washington as follows: It is unlawful for juveniles under the age of 18 to be in any public place between the hours of 11:00 p.m. and 5:00 a.m., unless accompanied by a parent or lawful guardian or unless the juvenile is engaged in an activity listed in § 34-4.
It shall be unlawful for any parent(s), lawful guardian(s) or
properly authorized representative(s) to intentionally permit, suffer
or allow any juvenile in his or her care to violate this chapter.
Notwithstanding anything to the contrary herein, juveniles who
are engaged in the activities listed below shall not be deemed to
be in violation of this chapter:
A.
Engaged in errands involving emergencies;
B.
Attending extracurricular school activities;
C.
Participating in or attending a legitimate evening activity sponsored
by the Borough, the Board of Education, or some other legitimate adult-supervised
organization within the Borough, or other similar entity that takes
responsibility for the juvenile, and shall include attendance at church
and religious activities and school activities, including classes,
dances and sports events, as well as public fireworks displays and
other similar events;
D.
Present on the sidewalk or curbside immediately adjacent to or across
from his/her own residence;
E.
Engaged in or traveling to or from a business or occupation which
the laws of the State of New Jersey authorize a juvenile to perform;
F.
Engaged in lawful, bona fide protests or other constitutionally protected
activities; or
G.
In direct transit to or from such activities, without any detour
or stop, listed above during curfew hours.
The Washington Borough Police Department shall have the following
responsibilities with respect to the Curfew Law:
A.
The Police Department shall keep a recording ("the log") of any juveniles
who have been convicted or pled guilty to a violation of this chapter.
The log shall be kept in accordance with the laws pertaining to the
confidentiality of information pertaining to juveniles. No less often
than every six months the Police Department shall remove from said
log of persons:
(1)
Those over the age of 18 years;
(2)
If convicted, the juvenile's name will be removed from the log
upon the 18th birthday;
(3)
If juvenile's name is in the log and charges do not result in
conviction, his/her name will be removed after six months; and
(4)
If the juvenile's name is on the log and the juvenile is not
charged, his/her name will be removed after six months.
B.
A police officer who stops a juvenile for violation of this chapter,
whose name does not appear on the log, shall not arrest or issue a
summons to the juvenile, provided that the juvenile voluntarily supplies
his/her name, address, telephone number and the name, address and
telephone number of his/her parent(s) or legal guardian(s). In such
cases, the officer shall follow up with the juvenile's parent(s)
or legal guardian(s) about the reasons for the alleged violation.
If the juvenile and his/her parent(s) or legal guardian(s) agree to
meet with the Juvenile Officer of the Department, or other designated
member of the Department, about the juvenile's alleged violation
and the risks and hazards to unattended juveniles during curfew hours,
no summons shall be issued to the juvenile or his/her parent(s) or
legal guardian(s). However, the juvenile's name shall be recorded
in the log. If the parent(s) or legal guardian(s) refuse to meet with
the Juvenile Officer or a member of the Police Department, then a
summons will be issued to the parent(s)/legal guardian(s) for violation
of this chapter.
C.
Provided that a juvenile supplies his/her name, address, telephone
number and the name, address and telephone number of his/her parent(s)
or legal guardian(s), no police officer who stops a juvenile for violation
of this chapter shall issue a summons or arrest said juvenile if the
juvenile presents to the officer a reason(s) authorized by this chapter
to be in a public area until such time as the officer has had the
opportunity to investigate the reasons expressed by the juvenile.
Any such summons must be issued within 30 days of the initial stop.
No police officer shall arrest any juvenile for curfew ordinance violations
unless:
(1)
There is an immediate and clear risk to the health of the juvenile
or any third party;
(2)
The juvenile has been convicted on two or more occasions for violation
of this chapter;
(3)
The juvenile refuses to provide his/her name, address and telephone
number and the juvenile's parent(s) or legal guardian(s)'
name, address and telephone number or
(4)
If the juvenile is under 13 years of age.
Any juvenile confronted by a police officer about whether the
juvenile is in violation of this chapter shall provide the juvenile's
name, address and telephone number and the juvenile's parent(s)
or legal guardian(s)' name, address and telephone number. An
individual over the age of 18 years shall present proof of his/her
age.
No police officer of the Borough of Washington shall stop any
motor vehicle lawfully upon the streets of the Borough of Washington
based solely on a suspicion that a juvenile in the vehicle is in violation
of this chapter. A juvenile who is in a vehicle operated by a properly
licensed operator shall not be considered in violation of this chapter
regardless of time of day.
Any person found guilty of having violated any portion of § 34-2, 34-3, 34-4 or 34-5 of this chapter shall perform community service not to exceed 90 days and/or be subject to a fine of no more than $1,000. If parents or guardians, as well as a juvenile, are found guilty of violating this chapter, the parents or guardians shall perform community service together with the juvenile.
