[HISTORY: Adopted by the Council of the City of Northfield 7-5-1977 by Ord. No. 8-77 (Ch. 86 of the 1974 Code). Amendments noted where applicable.]
Curfew — See Ch. 140.
As used in this chapter, the following terms shall have the meanings indicated:
- Any unemancipated person under the age of 18 years.
- Includes either or both natural parents of a minor, the legal guardians of such minor or any other adult persons who have voluntarily or otherwise assumed the responsibilities of a natural parent with respect to custody, care and control of said minor. For the purposes of the enforcement of this chapter, the term "parent" shall not apply to natural parents, legal guardians or other persons whose responsibility for the custody and control of such minor has been transferred to another person or otherwise terminated by court order or by the emancipation of said minor by marriage, military service or other circumstances. Persons claiming the benefit of any such termination or transfer of responsibilities shall bear the burden of establishing the same in any proceedings hereunder.
- VIOLATION OF THE PUBLIC PEACE
- Includes any of the following acts: defacing, damaging or destroying public property or the private property of another within the City of Northfield or committing an assault or assault and battery upon another in the City of Northfield; robbery, stealing or larceny, including shoplifting; knowingly receiving stolen property; violation of any existing loitering or curfew laws of the City of Northfield; breaking and entering or entering without breaking into the property of another with the intent to steal; threatening another with the intention of extorting money or anything of value; possession and/or use of a controlled dangerous substance, as same shall be defined under Title 24 of the Revised Statutes of New Jersey; or juvenile delinquency based upon any of the above offenses.
It shall be unlawful for any parent knowingly or through inefficient control to assist, aid, abet, allow, permit, suffer or encourage a minor to commit a violation of the public peace, as defined herein, either by overt act, by failure to act or by lack of supervision and control over such minor. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the activities or conduct or whereabouts of a minor in that parent's legal custody. This section is intended to hold neglectful or careless parents up 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 minor.
Whenever a minor shall be taken into custody or detained for the commission of any such violation of the public peace within the City of Northfield, the parents of such minor shall be immediately notified by the Municipal Court Administrator of such custody or detention and the reasons therefor and of the responsibility of parents under this chapter.
When a minor is charged with a violation of the public peace, as defined herein, and the Court makes an adjudication of delinquency, the Municipal Court Administrator or his designated agent shall forthwith serve written notice of said adjudication of delinquency upon the parents, together with a written warning, in a form approved by the City Solicitor, of the penalties and other provisions of this chapter with respect to the commission within one year of a second violation of the public peace by said minor. No penalties shall be sought against such parent(s) in the case of the first violation of the public peace by said minor. A record of such notification shall be kept by the Municipal Court Administrator.
The penalty for violation of any provision of this chapter shall be as set forth in Chapter 1, General Provisions, § 1-15.
The remedy provisions of this chapter shall be cumulative, not exclusive, and the state or any other person shall have the right to proceed under any other legally available remedies.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.
Any ordinance inconsistent with the terms of this chapter is hereby repealed to the extent of such inconsistency.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies, and should any section, clause, sentence or provision of any item in this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.