[HISTORY: Adopted by the Township Committee of the Township of Washington by Ord. No. 1996-3. Amendments noted where applicable.]
Prohibited conduct — See Ch. 176.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- CURFEW HOURS
- From 10:00 p.m. until 6:00 a.m.
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes but is not limited to a fire, a natural disaster, an automobile accident, or any situation that requires immediate action to prevent serious bodily injury or loss of life.
- Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
- 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.
- Any person who has not attained the age of 18 years as of his/her last birthday prior to the date of the violation of this chapter, but does not include a judicially emancipated minor or a married minor.
- NARCOTIC TRAFFICKING
- The act of engaging in any prohibited activity related to narcotic drugs or controlled substances as set forth in N.J.S.A. 2C:35-1 et seq. and 2C:36-1 et seq.
- Any individual, firm, association, partnership, or corporation that operates, manages, or conducts any establishment. The term "operator" includes the members or partners of an association or partnership and the officers of a corporation.
- A natural parent, adoptive parent, stepparent or any person who has legal custody by court order or marriage, or any person not less than 21 years of age who is authorized by the natural parent, adoptive parent, stepparent or custodial parent of a child to be a caretaker for the child.
- PUBLIC PLACE
- Any place to which the public, or a substantial group of the public, has access, including but not limited to a public street, road, beach, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation, parking lot or any other public building, structure or area.
- To linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
- SERIOUS BODILY INJURY
- Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
A minor commits an offense if he or she is in any public place or on the premises of any establishment within the Township of Washington during curfew hours.
A parent or guardian of a minor commits an offense if he or she knowingly permits or by insufficient control allows the minor to remain in any public place or on the premises of an establishment within the Township of Washington during curfew hours.
The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to be upon the premises of an establishment during curfew hours.
It is a defense to prosecution under this chapter that the minor was:
Accompanied by the minor's parent or guardian;
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
In a motor vehicle, train, or bus involved in interstate travel;
Engaged in or travelling, without detour or stop, to or from a business or occupation which the laws of the State of New Jersey authorize a minor to perform;
Involved in an emergency;
On the sidewalk that abuts the minor's residence or that abuts the residence of a next-door neighbor, if the neighbor did not complain to the New Jersey State Police about the minor's presence;
In attendance at an official school, religious, or other recreational activity sponsored by the Board of Education, the Township of Washington, a civic organization, or another similar entity that takes responsibility for the minor; or going to or returning home, without any detour or stop, from an official school, religious, or other recreational activity supervised by adults and sponsored by the Township, a civic organization, or another similar entity that takes responsibility for the minor; or
Exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech, and the right of assembly.
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 188-3 is proffered or is present.
A minor who violates this chapter shall be detained by the New Jersey State Police at the police headquarters and released into the custody of the minor's parent, guardian, or an adult person acting in loco parentis. The minor's parents or an adult person acting in loco parentis with respect to the minor shall be called to the police headquarters or substation or other designated area to take custody of the minor. A minor who is released to a person acting in loco parentis with respect to the minor shall not be taken into custody for violation of this chapter while returning home with the person acting in loco parentis. If no one claims responsibility for the minor, the minor may be taken to the minor's residence or placed in the custody of the appropriate official at the Division of Youth and Family Services or Juveniles in Need of Supervision shelter and, subsequently, released at 6:00 a.m. the following morning.
For each offense, violators of this chapter shall be required to perform community service of up to 30 hours and may be fined up to $1,000. If both the minor and the parent or guardian violate this chapter, they shall be required to perform community service together.
Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in, on or about such public or quasi-public places as may be determined by the Township Committee in order that the public may be constantly informed of the existence of this chapter and its regulations.