[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
Juvenile delinquency has increased in the Township of Little Egg Harbor; and there has been an increase of abuse and damage to parks, playgrounds, and other property of the Township of Little Egg Harbor.
There is need for governing the conduct of minors in the Township for the purpose of alleviating the problem of juvenile delinquency, and it is in the public interest to reduce noises and disturbances at late hours and to prevent the reckless and noisy operation of motor vehicles at late hours within the Township.
This article shall be known and may be cited as the "Ordinance Regulating the Presence and Conduct of Minors on Streets and Public Places."
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word “shall” is always mandatory and not merely directory.
For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein:
- Any person over the age of 18 who is loco parentis to a juvenile.
- Any person other than a parent, who has legal guardianship of a minor.
- Any person under the age of 18.
- The natural or adoptive parent of a minor.
- PUBLIC PLACE
- Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
- The Township of Little Egg Harbor.
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the Township between the hours of 10:00 p.m. and 5:00 a.m. on the days of October 25 through October 31 of each year unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian, or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out at a later hour than that called for above shall be exempt from the provisions of § 162-4 of this article, provided the church, school, club or other organization shall register in advance with the Chief of Police or his designate to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within 1/2 hour after the function is ended.
Any police officer, upon finding a minor in violation of § 162-4, shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the Chief of the Police Department who in turn shall notify the parents, guardian, or person having custody or control of such minor.
If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department, and the parent, guardian, or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.
Any minor violating the provisions of this article shall be dealt with in accordance with the juvenile court law and procedure.
As used in this article, the following terms shall have the meanings indicated:
- A person other than a parent to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
- An individual who is under the age of 18 years.
- PUBLIC PLACE
- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, or any other public building, structure or area.
It is hereby unlawful for a juvenile of any age under 18 years to be on any public street or in any public place in the Township of Little Egg Harbor 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. It shall also be unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or in any public place during these hours.
A juvenile shall be permitted to engage in errands involving medical emergencies and to attend extracurricular school activities and other cultural, educational and social events sponsored by religious or community-based organizations after 10:00 p.m. and before 6:00 a.m.
Any violator of this article shall be required to perform community service and may be subject to a fine of up to $1,250. If both a juvenile and the juvenile's parent or guardian violate this article, they shall be required to perform community service together.