[HISTORY: Adopted by the Township Committee of the Township of Franklin: Art. I, 12-10-1956; Art. II, adopted 11-25-1996 by Ord. No. 96-20. Amendments noted where applicable.]
Peace and good order — See Ch. 105.
Article I Curfew Established
Article II Halloween Eve Curfew
It shall be unlawful for any child under the age of 16 years to be upon any public street, park, public place or quasi-public place, either on foot or in any vehicle, after the hour of 9:30 p.m. (Eastern time) unless accompanied by a parent, guardian, a member of his or her immediate family over the age of 18 years or by such other person as shall have the legal custody and control of such minor child.
It shall be unlawful for any parent, guardian or such other person having the custody and control of such minor child under the age of 16 years to allow, suffer or permit any such child to go or be in or upon any of the streets, public places or quasi-public places in the Township of Franklin after 9:30 p.m. (Eastern time), except in the manner and for the purposes specified in this article.
The provisions of this article shall not apply to any minor child who shall be gainfully employed or who shall be a bona fide student of a school of instruction during the time necessarily required to travel between such minor child's residence and place of employment or instruction.
Should any emergency arise necessitating such minor child under the age of 16 years being dispatched upon an errand requiring his presence upon a public street after the curfew hour herein established, he shall have in his possession a note signed by some person in his immediate household over the age of 18 years stating the nature of the errand, the necessity therefor, the place to which said child is to go, the time when such note was issued and the time required for such an errand.
Any policeman, constable, Fire Department police officer or truant officer is hereby authorized and empowered to take into custody any such minor child who may be in the act of violating the provisions of this article. Such officer shall forthwith return said child to his home and shall notify the parents or person having the legal care and custody of said child of the violation of this article and the penalty therefor of a second or subsequent violation and shall report said violation to the Chief of Police or Mayor of the Township of Franklin or other Township officials charged by state or Township laws with law enforcement, who shall keep a record thereof. Said child shall be released immediately in the custody of such parent or person having legal care or custody.
Upon the second or subsequent violation of the provisions of this article by such minor child under the age of 16 years or by said parent, guardian or person having the legal custody of said child and upon conviction thereof (by the Warren County Court in the case of a child under the age of 16 years or by the Judge of the Township of Franklin in the case of any other person), said violator shall be punished by a fine not in excess of $25 or imprisonment not to exceed 10 days, or both fine and imprisonment.
Wherever the masculine gender is used herein, it shall apply to both masculine and feminine.
[Adopted 11-25-1996 by Ord. No. 96-20]
Effective immediately and for each and every year hereafter, October 30th, or the eve of Halloween, on whichever date it shall fall, shall have a curfew of 7:00 p.m.
This curfew shall extend to those persons under the age of 18 years.
Those persons being under the age of 18 years are only permitted out of doors beyond the curfew hour if accompanied by their parent or guardian.