[HISTORY: Adopted by the Mayor and Council of the Borough of Riverton 8-12-1993
as Ord. No. 8-93.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance specifically repealed Ord. No.
4-93, establishing a curfew.
A.
Findings of Borough Council.
(1)
The Borough Council of the Borough of Riverton hereby
finds that there has been a significant breakdown in the supervision normally
provided by certain parents and guidance for juveniles under 18 years of age
resulting in juveniles being involved in a wide range of unacceptable behavior
including vandalism, noisy and rowdy behavior, breaking and entering, public
drinking and littering and harassment of residents.
(2)
The Borough Council further finds that the offensive
activities of the juveniles are not easily controlled by existing laws and
ordinances because the activities are easily concealed whenever police officers
are present and that the establishment of reasonable curfew regulations will
enable the community to better control the free and unobstructed access to
the streets and public places by the majority of residents and will enable
the police to act reasonably and fairly to prevent the violation of laws and
ordinances by juveniles.
(3)
The Borough Council further finds and has determined
that a curfew meets a very real local need and that curfew ordinances in other
communities have been a significant factor in minimizing juvenile delinquency.
A curfew in Riverton is particularly appropriate in view of the basic residential
nature of the community in the sense of the community that there is a proper
time for the cessation of outdoor activities of juveniles. That sense of community
is reflected by the curfew hours declared by this chapter which take into
consideration also the danger hours for nocturnal crime and for accumulations
of juveniles with potential risk incident to immaturity.
B.
Purpose.
(1)
In enacting this chapter the Borough Council adopts the
findings of the legislature expressed in P.L. 1992, c. 132[1] and has taken note of the peculiar vulnerability of children,
both as victims of crime and as perpetrators of offenses because of peer pressure.
This chapter is intended not only to prevent children from causing harm but
also is intended to protect children themselves from being harmed as victims
of nocturnal crime.
[1]
Editor's Note: See N.J.S.A. 40:48-2.52.
(2)
Riverton is basically a family community. Parental responsibility
for the whereabouts of children is the accepted norm by a substantial majority
of the community. Legal sanctions to enforce such responsibility have had
a demonstrated effectiveness in many communities over the years. The Borough
Council has determined that as parental control increases there is a likelihood
that juvenile delinquency decreases and that there is a need for a nocturnal
curfew for juveniles in Riverton and that the establishment of a curfew applicable
to juveniles will reinforce the primary authority and responsibility of parents
and guardians over juveniles in their care and custody.
(3)
It is not the intent of this chapter to supplant parental
supervision. The Borough Council recognizes the right of parents to direct
their children's upbringing and family autonomy against unreasonable
interference. The Borough Council is also aware that, in cases in which harm
to the physical or mental health of a child or to the public safety, peace,
order or welfare is threatened, the legitimate interests of the community
as a whole may override the parents' qualified right to control the upbringing
of their children.
(4)
The Borough Council also recognizes that juveniles are
protected with certain constitutional rights and guaranties that are enjoyed
by all citizens of this community. It is not the intention of this chapter
to deprive juveniles of the ability to exercise valid rights secured to them
under the Constitution of the United States or the State of New Jersey. The
function of this chapter is, instead, to protect juveniles and to balance
the right of all citizens of the Borough of Riverton so that all may enjoy
the rights and privileges of citizens as guaranteed to them by the Constitution
and laws of this country and this state.
The following terms used in this chapter are defined as follows:
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 unlawful for any person to be or remain on or upon any public
place within the Borough of Riverton between the following hours:
A juvenile on the street during the hours referred to in the previous
section shall not be considered in violation of this chapter under the following
circumstances:
A.
When accompanied by a parent or guardian of such juvenile.
B.
When accompanied by an adult authorized by a parent of
such juvenile to take said parent's place in accompanying said juvenile
for a designated period of time and purpose within a specified area.
C.
When exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of religion, freedom
of speech and the right of such exercise, provided that the juvenile has in
his possession a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and telephone
number, specifying when, where and in what manner the juvenile will be on
the streets at night during hours when this chapter is otherwise applicable
to said juvenile in the exercise of a First Amendment right specified in such
communication.
D.
In case of reasonable necessity for the juvenile remaining
on the streets, provided that the juvenile has in his possession a written
communication, signed by the juvenile and countersigned by a parent or guardian
of the juvenile with their home address and telephone number, setting forth
the facts establishing the reasonable necessity relating to specified streets
at a designated time for a described purpose including points or origin and
destination.
E.
When the juvenile is on the sidewalk or property where
the juvenile resides or on either side of or across the street from the place
where the juveniles resides and the adult owner or resident of that property
has given permission for the juvenile to be there.
F.
When returning home from and within one hour after the
termination of a school- or borough-sponsored activity or an activity of a
religious or other voluntary association, provided that the juvenile has in
his possession a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and telephone
number, indicating the place and probable time of termination of the activity.
G.
When the juvenile is, with parental consent, in a motor
vehicle. This contemplates normal travel. It is the intention of this provision
to clearly exempt bona fide interstate movements along major routes through
the Borough of Riverton and interstate travel beginning or ending in the Borough
of Riverton.
H.
When engaged in or traveling to or from a place of employment.
I.
When engaged in an errand involving a medical emergency.
[Amended 9-10-1998 by Ord. No. 9-98]
A.
Upon charging a juvenile with violation of this chapter,
notice of the same shall be given, in writing, by the Police Department to
juvenile's parent or guardian, which notice shall be sent by certified
mail, return receipt requested, and by regular mail.
B.
If at any time within one year following the giving of
notice, as provided herein, the juvenile to whom such notice related or applied
is again charged, and upon such charge is subsequently convicted of a violation
of the curfew provisions of this chapter, it shall be rebuttably presumed
that the juvenile committed such subsequent violation with the knowledge,
allowance, permission or sufferance of the parent or guardian of such juvenile,
and the parent or guardian shall thereupon be charged with violation of this
chapter.
Any person found in violation of this chapter shall be required to perform
community service and may be subject to a fine not exceeding $1,000. If both
a juvenile and the juvenile's parent or guardian violate such chapter,
they shall be required to perform community service together.
This chapter shall be liberally construed to effectuate the purpose
and intent of P.L. 1992, c.132.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.52.
Notice of the existence of this chapter and of the curfew regulations
established by it shall be posted in or about such public or quasi-public
places as may be determined by the Chief of Police or his designate in order
that the public may be informed of the existence of this chapter and its regulations.
