The following terms used in this chapter are defined as follows:
GUARDIAN
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 a parent or is responsible for the care and welfare of the juvenile.
JUVENILE
An individual who is under the age of 18 years.
PUBLIC PLACE
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.
It shall be unlawful for any person to be on or upon any public
place within the Township of Riverside between the following hours:
A. Beginning at 11:00 p.m. on Friday and Saturday nights and extending
until 5:00 a.m. the following day.
B. Beginning at 10:00 p.m. on all other nights and extending until 5:00
a.m. the following day.
A juvenile on the street during the hours referred to in the
previous section shall not be considered in violation of this chapter
under the following circumstances:
A. When accompanied by an adult authorized by a parent of such juvenile.
B. When accompanied by an adult authorized by a parent of such juvenile
to take said parent's place in accompanying said juvenile for a designated
period of time and purpose within a specified area, provided that
the juvenile has in his possession a written communication, signed
by the juvenile and countersigned by a parent or guardian of the juvenile
with their home address and telephone number and countersigned by
the authorized adult with his or her home address and telephone number,
setting forth the authorization of the parent or guardian to the adult,
permitting the juvenile to be accompanied and defining the period
of time and the purpose of the activity involved.
[Amended 2-28-1994 by Ord. No. 1994-2]
C. When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and right of such exercise, provided that the juvenile has in his
possession a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and
telephone number, specifying when, where and in what manner the juvenile
will be on the streets at night during hours when this chapter is
otherwise applicable to said juvenile in the exercise of a First Amendment
right specified in such communication.
D. In case of reasonable necessity for the juvenile remaining on the
streets, provided that the juvenile has in his possession a written
communication signed by the juvenile and countersigned by a parent
of guardian of the juvenile with their home address and telephone
number setting forth the facts establishing the reasonable necessity
relating to specified streets at a designated time for a described
purpose including points of origin and destination.
E. When the juvenile is on a sidewalk or property where the juvenile
resides or on either side of or across the street from the place where
the juvenile resides and the adult owner or resident of that property
has given permission for the juvenile to be there.
F. When returning home from and within one hour after the termination
of a school or Township-sponsored activity or an activity of a religious
or a voluntary association, provided that the juvenile has in his
possession a written communication signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and
telephone number indicating the place and probable time of termination
of the activity.
G. When the juvenile is, with parental consent, in a motor vehicle.
This contemplates normal travel. It is the intention of this provision
to clearly exempt bona fide interstate movements along major routes
through the Township of Riverside and interstate travel beginning
or ending in the Township of Riverside.
H. When engaged in or traveling to or from a place of employment.
[Added 3-23-2005 by Ord. No. 2005-06]
A. If a police officer reasonably believes that a juvenile is in a public
place in violation of this chapter, the officer shall so advise the
juvenile and take the juvenile into custody. The juvenile shall then
provide his or her name, age, address and telephone number and advise
the officer where and how to contact his or her parent or guardian.
The juvenile shall then be taken to the police station where a parent
or guardian shall immediately be notified to come and take custody
of the juvenile.
B. If the parent or guardian cannot be located or fails to take custody
of the juvenile, then the juvenile shall be released to the juvenile
authorities, or, in appropriate cases, may be temporarily entrusted
to an adult neighbor or other person who will, on behalf of a parent
or guardian, assume responsibility for the juvenile.
C. In the absence of documentary evidence, a police officer may use
his or her best judgment in determining age.
D. Within 24 hours of the violation or as soon thereafter as reasonably
possible, the police officer who took the juvenile into custody shall
file a written report, in a form to be prescribed by the Chief of
Police, with the office of the Chief.
E. In the case of a first violation, the Chief of Police or his designee
shall, by certified mail, send to the parent or guardian, written
notice of the violation. The notice shall advise the parent or guardian
of his or her right to contest the charge in municipal court and that
the failure to contest the charge will be deemed an admission by the
parent or guardian that the violation occurred. The notice will further
advise the parent or guardian that there are no penalties for first
offense but that a subsequent violation by the juvenile will result
in the imposition of community service and potentially monetary penalties
upon the parent or guardian. This notice shall be deemed effective
upon mailing.
[Amended 3-23-2005 by Ord. No. 2005-06]
A. Any person found to be in violation of this chapter shall be required
to perform community service. Subsequent offenders may further be
subject to a fine of not less than $50 nor more than $1,250 per offense.
B. If, after the parent or guardian receives the notice pursuant to §
179-6, above, the juvenile violates this chapter a second time, this shall be treated as a first offense for the parent or guardian.
C. If both a juvenile and the juvenile's parent or guardian violate
such chapter, they shall be required to perform community service
together.
This chapter shall be liberally construed to effectuate the
purpose and intent of P.L. 1992, c. 132.
[Amended 3-28-1994 by Ord. No. 1994-4]
Notice of the existence of this chapter and of the curfew regulations
established by it shall be posted in or about such public or quasi-public
places as may be determined by the Director of Public Safety or his
designate in order that the public may be informed of the existence
of this chapter and its regulations.