[HISTORY: Adopted by the Borough Council of the Borough of Carteret
12-16-1975 as Ord. No. 75-20. Section 176-3 amended at time of adoption of
Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
GENERAL REFERENCES
Loitering — See Ch. 168.
As used in this chapter, the following terms shall have the meanings
indicated:
Any unemancipated person under the age of eighteen (18) years.
Includes either or both natural parents of a minor, the legal guardians
of such minor or any 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.
Includes any of the following acts:
Defacing, damaging or destroying public property or the private property
of another within the Borough of Carteret.
Committing an assault or assault and battery upon another in the Borough
of Carteret.
Robbery, stealing or larceny, including shoplifting.
Knowingly receiving stolen property.
Violation of any existing loitering or curfew laws of the Borough of
Carteret.
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 the same
shall be defined under Title 24 of the Revised Statutes of New Jersey.
Juvenile delinquency based upon any of the above offenses.
It shall be unlawful for any parent 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. Whenever a minor shall be taken into custody
or detained for the commission of any such violation of the public peace within
the Borough of Carteret, the parents of such minor shall be immediately notified
by the Police Department 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 Chief of Police, 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 Corporation
Counsel, of the penalties and other provisions of this chapter with respect
to the commission within one (1) year of a second violation of the public
peace by said minor. If, at any time within one (1) year of the giving of
such notice, such minor shall be charged with a violation of the public peace
and shall again be adjudicated delinquent, it shall be presumed, subject to
rebuttal by competent evidence, that the parents of said minor during said
period of time allowed, permitted or suffered said minor to commit a violation
of the public peace. A record of such notifications shall be kept by the Police
Department.
[Amended 4-19-1990 by Ord.
No. 90-16]
Any parent who shall violate the terms of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.
The remedy provisions of this chapter shall be cumulative, not exclusive,
and that state or any other person shall have the right to proceed under any
other legally available remedies.
