[HISTORY: Adopted by the Board of Commissioners of the City of Margate
City 7-22-1976 as Ch. 72 of the 1976 Code;[1] amended in its entirety 10-26-1995 by Ord. No. 1995-17. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Police department — See Ch. 43.
Beaches — See Ch. 75.
Peace and good order — See Ch. 208.
[1]
Editor's Note: Chapter 72 of the 1976 Code was originally derived
from Ord. No. 755, adopted 10-24-1968, as amended.
A.
The City of Margate finds and declares that children
who are left unsupervised during the overnight hours may be exposed to the
most detrimental influences in society and that the allure of the rampant
drug counterculture, the potential for involvement in criminal activity and
other potential threats to the physical and mental health and welfare of children
justify governmental action in furtherance of the protection of one of the
most fragile and easily influenced segments of our society.
B.
The City of Margate further finds and declares that it
is in the best interest of society to encourage family unity; to encourage
the family unit to provide for the care, protection and wholesome mental and
physical development of children; to encourage the supervision of children
by their parents and guardians; and to encourage communication between them.
C.
The City of Margate further finds and declares that because
of the peculiar vulnerability of children, their inability to make critical
decisions in an informed, mature manner and the importance of the parental
role in child rearing, it is appropriate to it to enact this chapter to protect
children from the dangers of the streets and to encourage the deepening of
familial relationships.
The following definitions, as used in this chapter, apply:
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.
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 shall be and is hereby declared to be unlawful for any minor under
the age of 17 years to loiter, idle, wander, stroll or play in or upon the
public streets, highways, roads, alleys, parks, playgrounds, wharves, docks
or other public grounds, public places and public buildings, vacant lots,
any automobile or vehicle or other unsupervised places between the hours of
10:00 p.m. and 6:00 a.m. of the following day. The provisions of this section
shall not apply to a minor accompanied by his or her parent, guardian or other
adult person having the care and custody of said minor, where the minor is
upon an emergency errand or legitimate business directed by his or her parent,
guardian or other adult person having the care and custody of said minor or
where said minor is engaged in gainful employment.
It shall be unlawful for the parent, guardian or other adult person
having the care and custody of a minor under the age of 17 years to knowingly
permit such minor to loiter, idle, wander, stroll or play in or upon the public
streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other
public grounds, public places and public buildings, places of amusement and
entertainment, vacant lots or any automobile or vehicle or other unsupervised
places, as aforesaid, in the City of Margate City, Atlantic County, New Jersey,
between the hours of 10:00 p.m. and 6:00 a.m. of the following day. The provisions
of this section do not apply when said minor is accompanied by his or her
parent, guardian or other adult person having the care and custody of the
minor, where the minor is upon an emergency errand or legitimate business
directed or authorized by his or her parent, guardian or other adult person
having the care and custody of said minor or where said minor is engaged in
gainful employment.
For a first violation of this offense, a person may be subject to a
fine of not less than $100 and not more than $1,000 and/or up to 90 days of
community service, in the discretion of the Municipal Court Judge. For a second
or subsequent offense, a person who violates this chapter may be subject to
a fine of up to $1,000 and/or community service of up to 90 days, in the discretion
of the Municipal Court Judge. If both a juvenile and a juvenile's parents
or guardian violate this chapter, they may be required to perform community
service together.
The Chief of Police shall have the power to waive the time requirements
of this chapter at any time due to existing conditions.
