[HISTORY: Adopted by the Board of Commissioners of the Town
of West New York 7-21-2010 by Ord. No. 15/10; amended in its entirety 8-17-2011 by Ord. No. 13/11. Amendments noted where applicable.]
Whereas, the Mayor and Commissioners of the Town of West New
York hereby find there has been a significant breakdown in the supervision
normally provided by certain parents and guidance for juveniles under
18 years of age, resulting in juveniles being involved in a wide range
of criminal and other unacceptable behavior, including vandalism,
noisy and rowdy behavior, public drinking and littering, and harassment
of residents; and
Whereas, the Mayor and Commissioners further find that the offensive
activities of the juveniles are not easily controlled by existing
laws and ordinances because the activities are easily concealed whenever
police officers are present, and the establishment of reasonable curfew
regulations will enable the community to better control the free and
unobstructed access to the streets and public places by the majority
of residents and will enable the police to act reasonably and fairly
to prevent the violation of laws and ordinances by juveniles; and
Whereas, the Mayor and Commissioners further find and have determined
that a curfew meets a very real local need and that curfew ordinances
in other communities have been a significant factor in minimizing
juvenile delinquency. A curfew in West New York is particularly appropriate
in view of the high density of population in West New York and the
mixed use of residential and commercial areas throughout the Town.
The regulation of juveniles is an attempt to minimize danger to the
juveniles and the community during the danger hours for nocturnal
crime and mischief, which could be accentuated because of the juvenile's
immaturity; and
Whereas, parental responsibility for the whereabouts of children
is an accepted norm by a substantial majority of the community, and
parents have expressed a desire to have a curfew in order to augment
their efforts to supervise and guide their children; and
Whereas, N.J.S.A. 40:48-2.52 provides that a municipality may
enact an ordinance making it unlawful for a juvenile of any age under
18 years, within the discretion of the municipality, to be on any
public street or in a public right-of-way between the hours of 10:00
p.m. and 6:00 a.m. unless accompanied by the juvenile's parent
or guardian or unless engaged in, or traveling to or from, a business
or occupation which the laws of this state authorize a juvenile to
perform; and
Whereas, such an ordinance may also make it unlawful for any
parent or guardian to allow an unaccompanied juvenile to be on any
public street or in any public right-of-way during those hours; and
Whereas, Betancourt v. Town West New York, 338 N.J. Super. 415
(App. Div. 2001) requires that any such ordinance recognize the right
of parents to permit their children to participate in legitimate activities
in light of the recognized and fundamental right of parents to raise
their children free of interference from the state; and
Whereas, such regulation of juveniles acts to improve the quality
of life in the community by eliminating the possibility of nuisances
and fosters cooperation and assistance of parents in the control of
their children:
It shall be unlawful for a legally unemancipated person under
18 years of age ("juvenile") to be or remain in or upon a public right-of-way
(street, alley, sidewalk or public park or any other public property)("public
right-of-way") within the Town of West New York at night from the
period of 10:00 p.m. on Sunday, through Thursday 6:00 a.m., on the
following day, and between 11:00 p.m. on Friday and Saturday and 6:00
a.m. of the following day ("curfew hours") unless accompanied by a
parent or guardian except as provided for herein.
A.
It shall not be considered a violation of this chapter for any person
under 18 years of age to be in or remain in or upon a public right-of-way
within the Town of West New York during curfew hours:
(1)
When accompanied by a parent or guardian of such minor;
(2)
When in the process of traveling from a destination to a destination,
where such destinations are not public rights-of-way within the Town
of West New York, in keeping with permission granted by such juvenile's
parent or guardian, for any lawful purpose;
(3)
When traveling to or from a lawful occupation;
(4)
When traveling to or from a private or public school function or
function sponsored by any non-profit entity;
(5)
When on a sidewalk immediately in front of the juvenile's residence
but not otherwise blocking or obstructing the public way; and
(6)
When attending a private or public school function or function sponsored
by any nonprofit entity held in a public right-of-way; and
B.
Any person under 18 years of age, who continues to be or remains in or upon a public right-of-way within the Town of West New York within one hour of commencing any travel permitted as an exception in Subsection A(2) through (4) of § 167-2 of this chapter, during curfew hours, or who remains on his sidewalk pursuant to Subsection A(5) of § 167-2 of this chapter for more than one hour during the curfew hours, shall be in violation of § 167-1 of this chapter.
It shall be unlawful for a parent or guardian having legal custody
of a juvenile knowingly to permit, or by inefficient control to allow,
the juvenile to be or remain upon any public right-of-way under circumstances
not constituting an exception to, or otherwise beyond the scope of,
the Curfew Ordinance. The term "knowingly" includes knowledge which
a parent should reasonably be expected to have concerning the whereabouts
of a juvenile in that parent's legal custody. It is intended
to obligate neglectful or careless parents to adhere to a reasonable
community standard of parental responsibility through an objective
test. It shall, therefore, be no defense that a parent was completely
indifferent to the activities or conduct or whereabouts of such juvenile.
Notwithstanding the foregoing, it shall not be considered a violation
of this chapter for a parent to grant a juvenile permission to travel
from a destination to a destination, where such destinations are not
public rights-of-way within the Town of West New York, for any lawful
purpose.
A.
In determining the age of the person thought to be a juvenile and
in the absence of convincing evidence such as a birth certificate,
or government-issued identification, a police officer shall, in the
first instance, use his or her best judgment in determining age.
B.
A police officer, coming upon a juvenile who appears, in such officer's
reasonable judgment, to be in violation of this chapter, shall require
such juvenile to continue on their way and leave the public right-of-way.
For purposes of this section, a juvenile shall appear to be in violation
of this chapter if such juvenile remains idle in essentially one location,
or participating in the activity known by the colloquial expression
"hanging around."
C.
If such juvenile refuses to leave such place, the police officer shall require the juvenile to provide the reason for his being on a public right-of-way or park during curfew hours. If the juvenile refuses to provide such information or move along, or the information provided does not appear to establish that an exception under § 167-2 applies, such shall be prima facie evidence of a violation of this chapter.
D.
If a juvenile has provided information to a police officer upon questioning which establishes that an exception under § 167-2 applies, the juvenile shall then be directed to continue on his way and leave such place, unless the juvenile is awaiting another person's arrival with whom to continue a travel permitted pursuant to § 167-2. The officer may inquire as to the identity of such person and the expected time of their arrival. Such juvenile shall, upon the arrival of the awaited traveling companion, immediately continue on his way and leave such place.
A.
Community service. Any person, juvenile or adult, convicted of a
violation of this chapter, shall be required to perform community
service as directed by the court. As provided in N.J.S.A. 40:48-2.52,
whenever both a juvenile and the juvenile's parent or guardian
violate the chapter, they shall be required to perform community service
together.
B.
Fines. Any juvenile convicted of a violation of the Curfew Ordinance
shall be subject to a fine of $100 for a first offense, $200 for a
second offense and not less than $300, nor more than $1,000, for any
third and subsequent offense. Any parent or guardian convicted of
a violation, after the warning notice pursuant of a first violation
by a juvenile, shall be fined $100, and for a second offense by a
parent or guardian, the fine shall be $200. For any subsequent offense
by a parent, the fine shall be not less than $300 and not more than
$1,000.
