[HISTORY: Adopted by the Township Committee of the Township of Lumberton 2-20-2007
by Ord. No. 2007-2. Amendments noted where applicable.]
The Lumberton Township finds and declares that the uncontrolled and
unsupervised activities of minor persons within the Township of Lumberton
are detrimental to the maintenance of public safety and contrary to the general
welfare. It is further found and declared that parental responsibility for
the proper control and supervision of minor children is essential to effective
law enforcement within the Township.
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 the 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 the minor. For 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 the minor has
been transferred to another person or otherwise terminated by court order
or by the emancipation of the minor by marriage, military service or other
circumstances. Persons claiming the benefit of such termination or transfer
of responsibilities shall bear the burden of establishing the same in any
proceedings hereunder.
Any violation of the statutes of New Jersey or the ordinances of
the Township of Lumberton, including but not limited to any of the following
acts: defacing, damaging or destroying public property or the private property
of another within the Township of Lumberton; committing an assault or assault
and battery upon another in the Township of Lumberton; robbery, stealing or
larceny, including shoplifting; knowingly receiving stolen property; violation
of any existing loitering or curfew laws of the Township; breaking and entering
or entering without breaking into the property of another with the intent
to steal; threatening another with the intent of extorting money or anything
of value; possession or use of a controlled dangerous substance, as same shall
be defined under N.J.S.A. 24:21-1 et seq., or juvenile delinquency based upon
any of the above offenses.
A.Â
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 or by lack of supervision and
control over such minor. Whenever a minor shall be taken into custody for
the commission of any such violation of the public peace within the Township
of Lumberton, the parents of such minors shall be notified as promptly as
possible by the Police Department of such custody and the reasons therefor
and of the responsibility of the parents under this chapter and shall be advised
of the availability of counseling services.
B.Â
If there be such notification, two separate subsequent
violations of the public peace by a minor within a one hundred eighty-day
period shall create a presumption of parental responsibility which shall constitute
a violation of the public peace by the offending minor's parents.
C.Â
Each separate violation of the public peace by a minor
within a twelve-month period shall create a presumption of parental responsibility
which shall constitute a violation of the public peace by the offending minor's
parents.
Any person who violates the terms of this chapter, upon conviction,
shall be subject to a fine of not more than $1,000. Additionally, if the court
finds that there has been a financial loss suffered by a victim, the court
shall determine the amount of such loss and shall order restitution to be
made within a prescribed period of time, but not longer than 30 days. Any
parent who fails to comply with an order for restitution as hereinabove set
forth shall be deemed in violation of this chapter and shall be in contempt
of court.
