[HISTORY: Adopted by the Mayor and Council
of the Borough of Haddon Heights 3-5-1974 by Ord. No. 471; readopted 11-4-1998 by Ord. No.
1049[1] (Ch. 50 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 293.
Whenever used or referred to in this chapter,
the following terms shall have the respective meanings for the purpose
of this chapter, unless a different meaning clearly appears from the
context:
To stand idle, to move slowly about in a small area, to dawdle,
to lounge, to hang around, to linger idly or aimlessly, or any combination
of them.
Every publicly owned building, park, playground and other
places of general public gathering, congregation or use.
Every highway, road, alley or other way that is open to the
use of the public for vehicular or pedestrian traffic.
Every privately owned building or other place of public accommodation
or use, or building or other place open to the general public, and
all vacant lots or other unsupervised areas within the limits of the
Borough not readily under the control or supervision of the owner.
[Amended 10-19-2004 by Ord. No. 1181]
A.
It shall be unlawful for any minor under the age of 18 years, regardless of his place of residence, to loiter, idle, wander, stroll, play or remain in any Recreation Zone, as delineated in Chapter 450, Zoning and Land Development, between dusk and dawn of the following day; provided, however, that the provisions of this chapter shall not apply to any such minor when accompanied by his or her parent or parents, guardian or other adult person (which adult shall be more than 21 years of age) having the custody, care or control of such minor or where the minor is upon an emergency errand or legitimate business directed, authorized or approved by his parent or guardian or other such adult person having the care or custody of the minor.
B.
Public places; Halloween.
[Amended 6-5-2013 by Ord. No. 1394]
(1)
It
shall be unlawful for any minor under the age of 18 years, regardless
of his place of residence, to loiter, idle, wander, stroll, play or
remain in or upon the public streets, highways, roads, alleys, parks
and playgrounds located outside of any Recreation Zone, public places,
public buildings, places of amusement and entertainment or places
of business conducted for profit to which the public is invited, vacant
lots and all public or quasi-public places, either on foot or in any
vehicle, within the Borough, between the hours of 10:00 p.m. and 6:00
a.m. of the following day, prevailing time, on all days from Sunday
through Thursday, inclusive, and between the hours of 11:00 p.m. and
6:00 a.m. of the following day, prevailing time, on Friday and Saturday;
provided, however, that the provisions of this chapter shall not apply
to any such minor when accompanied by his or her parent or parents,
guardian or other adult person (which adult shall be more than 21
years of age) having the custody, care or control of such minor or
where the minor is upon an emergency errand or legitimate business
directed, authorized or approved by his parent or guardian or other
such adult person having the care or custody of the minor.
(2)
Notwithstanding
the foregoing, it shall be unlawful for any child under the age of
18 years to be upon the streets, parks, parking lots or other public
places or upon any railroad right-of-way after the hour of 9:00 prevailing
time, on the 30th day of October and the 31st day of October until
6:00 a.m. the following morning unless said child is accompanied by
a parent, guardian or other adult person having the care, custody
or control of said child. In such cases where Halloween and the eve
of Halloween are rescheduled to any dates other than these noted above,
the curfew shall apply to the rescheduled dates as well.
The provisions of this chapter shall not be
applicable to any minor under the age of 18 years during the time
necessarily required for such minor to travel to his or her residence
from any of the following:
A.
A place of employment at which such minor may be gainfully
employed.
B.
A school or place of instruction at which such minor
may be in bona fide attendance.
C.
A place at which a function may be held that shall
be or had been sponsored by a religious, school or civic organization.
D.
A place at which a bona fide, supervised social meeting,
gathering or assemblage shall be held or had taken place.
Upon the first violation of this chapter by
a minor not attaining the age of 18 years, the apprehending officer
or official shall first proceed to take the minor into protective
custody and make a complete record of the circumstances under which
the said minor was first seen or discovered in the apparent violation
of this chapter. Said minor shall be released in the custody of said
minor's custodian or shall be returned to his or her home or place
of residence, and the custodian of such minor shall be informed of
the violation of this chapter. The Police Department shall subsequently
send a notice by certified mail, return receipt requested, to the
custodian of such minor charged with a violation of this chapter.
Such notice shall contain all the pertinent facts and circumstances
of the violation and of the possible penalties and future proceedings
that may result from additional violations.
Upon a subsequent violation of this chapter
by a minor under the age of 18, a written complaint against said minor
shall be filed with the Haddon Heights Municipal Court and shall be
prosecuted there.
It shall be unlawful for the parent or parents,
guardian or other adult person having the care and custody of a minor
under the age of 18 years to knowingly permit such minor to violate
this chapter. If it is established that any minor under the age of
18 years violated this chapter more than once, then it shall be presumed,
in the absence of proof to the contrary, that the parents, guardian
or other adult person having the care and custody of such minor knowingly
permitted such minor to do so.
All officers or officials charged with law enforcement
within said Borough are hereby authorized, empowered and directed
to enforce the provisions of this chapter.
Upon a determination of a violation of this
chapter, the Municipal Court shall impose a sentence of community
service and a fine of up to $1,000. If both a minor and the minor's
parent or guardian violate this chapter, they shall be required to
perform community service together.
Notice of the existence of this chapter and
the curfew regulations established by it shall be posted in or at
such public or quasi-public places as may be determined by the Chief
of Police, in order that the public may be constantly informed of
the existence of this chapter and its regulations.
