[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton 5-15-1967
by Ord. No. 3-1967. Amendments noted where applicable.]
It shall be unlawful hereafter for any minor under the age of 18 years
to loiter, idle, wander, stroll, play or remain in or upon the public streets,
highways, sidewalks, roads, playgrounds, alleys, parks, vacant lots, public
buildings, places of amusement or entertainment, places of business conducted
for profit to which the public is invited or unsupervised places, either on
foot or in or upon any vehicle, within the Borough of Tuckerton, County of
Ocean, between the hours of 10:00 p.m. and 6:00 a.m. on the following day:
provided, however, that the provisions of this section shall not apply to
any such minor when accompanied by his or her parent or parents, guardian
or other adult person having custody, care or control of such minor.
It shall be unlawful for any parent, guardian or other adult person having custody, care or control of a minor child under the age of 18 years to knowingly permit such minor to loiter, idle, wander, stroll, play or remain in or upon the public streets, highways, sidewalks, roads, playgrounds, alleys, parks, vacant lots, public buildings, places of amusement or entertainment, places of business conducted for profit to which the public is invited or unsupervised places, as mentioned in § 138-1 hereof, following the adoption of this chapter.
If any minor under the age of 18 years should be apprehended for violating
the provisions of this chapter, the assigned police officers of the Borough
of Tuckerton shall notify the parents, guardians or other person having the
care, custody or control of such minor, of such arrest, and may, if deemed
advisable, make such further inquiry or take such action concerning the presence
of such minor in or upon the public or quasi-public places, as aforesaid,
as may seem advisable.
The provisions of this chapter shall not be applicable to any minor
under the age of 18 years during the time necessarily required for such minor
to travel from any of the following places to his or her residence:
A.
A place of employment at which such minor may be gainfully
employed.
B.
A school or place of instruction at which such minor
may be in bona fide attendance.
C.
A place at which a function may be held that shall be
or had been sponsored by a religious group, school, or civic or other properly
supervised event or program.
D.
A place at which a bona fide, supervised social meeting,
gathering or assemblage had taken place.
Should an emergency arise necessitating a minor child under the age
of 18 years to be dispatched upon an errand requiring his or her presence
in, on or upon a street or automobile, or in any public or quasi-public place,
as aforesaid, during the curfew hours herein established, he or she shall
have in his or her possession a note signed by the parent, guardian or other
person having custody, care or control of such minor child under the age of
18 years, stating the nature of the errand, the necessity therefor, the place
to which such minor child is to go, the time and date such note was issued
and the time required for such errand. The abuse of the provisions of this
section shall constitute a violation of the provisions of this chapter punishable
as hereinafter provided.[1]
[Amended 3-4-1974 by Ord. No. 3-1974]
A.
Any person 18 years of age or older violating or failing
to comply with any of the provisions of this chapter shall, upon conviction
thereof, be punishable by a fine of not more than $500 or by imprisonment
for a term not to exceed 90 days, or by both such fine and imprisonment, in
the discretion of the Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as provided
above for each separate offense.
B.
Upon the violation of any of the provisions of the chapter
by any person under 18 years of age, any member of the Police Department of
the Borough of Tuckerton concerned therewith shall determine whether, in his
discretion, a complaint should be made to the Juvenile and Domestic Relations
Court of the County of Ocean. In any event, should such person become a repeated
violator of the provisions of this chapter, as reflected upon the records
of the Police Department of the Borough of Tuckerton, then a complaint shall
be transmitted through the Chief of the Police Department of the Borough of
Tuckerton to the Juvenile and Domestic Relations Court for such
action as that Court, in its discretion, may deem proper.
Notice of the existence of this chapter and of the curfew regulations
established by it shall be posted in or at such public or quasi-public places
as may be determined by the Acting Chief of Police in order that the public
may be constantly informed of the existence of this chapter and its regulations.[1]
[1]
Editor's Note: The former section regarding announcement of curfew
hours, which section immediately followed this section, was repealed 8-21-1978
by Ord. No. 6-1978.
