[Adopted 6-9-1981 by Ord.
No. 81-16]
For the purpose of this article, the following words and phrases
shall have the following meanings:
Any person under the age of 18 years.
Includes either or both parents of a minor, the legal guardians
of the minor, or any other person having the custody and care of the
minor. However, the term "parent" shall not include the parents or
legal guardians of a minor who has been emancipated by reason of court
order, military service or marriage.
Includes:
Willfully defacing, damaging or destroying public or private
property in the Borough of Kenilworth.
Committing an assault against the person of another as defined
in N.J.S.A. 2C:12-1.
[Amended 9-24-1997 by Ord. No. 97-18]
Consuming an alcoholic beverage or carrying an open container
of alcoholic beverage on public property or on any public right-of-way
within the Borough of Kenilworth.
[Amended 9-24-1997 by Ord. No. 97-18]
Using or possessing a controlled dangerous substance, as defined
by the laws of New Jersey, in the Borough of Kenilworth.
Loitering in a public place in violation of Chapter 127 of the Code of the Borough of Kenilworth.
Littering in violation of Chapter 125 of the Code of the Borough of Kenilworth.
Committing any offense as defined in Chapters 33 and 34 of Title 2C of the New Jersey Statutes.
[Amended 9-24-1997 by Ord. No. 97-18]
A.Â
Whenever a minor shall be taken into custody or detained for the
commission of any violation of the public peace within the Borough
of Kenilworth the parent of such minor shall be immediately notified,
in writing, by the Chief of Police of such custody or detention, the
reasons therefor, and of the responsibility of the parents under this
article.
B.Â
When a minor is charged with a violation of the public peace and
the court or the Kenilworth Juvenile Conference Committee, as agent
of the court, makes an adjudication of delinquency, the Chief of Police
shall forthwith serve written notice of said adjudication of delinquency
upon the parents, setting forth the provisions of this article.
If at any time within 180 days of the giving of such notice mentioned in § 142-4 the minor shall again be convicted of a violation of the public peace, it shall be presumed that the parent of the minor permitted or suffered said minor to commit said violation.
It shall be unlawful for any parent to assist, aid, abet, allow,
permit, suffer or encourage a minor to commit a violation of the public
peace as defined herein, either by overt act, by failure to act or
by lack of supervision and control over such minor.
[Amended 9-24-1997 by Ord. No. 97-18]
A.Â
Any person who shall violate the terms of this article shall be punished
by a fine not to exceed $500, imprisonment for a period not to exceed
90 days, or both. However, the Municipal Court Judge may, in lieu
of imprisonment, impose a term of community service not to exceed
90 hours.
B.Â
Any person who violates the terms of this chapter two or more times
in any twelve-calendar-month period shall, in addition to any imprisonment
or community service imposed, be subject to an enhanced monetary fine
of not less than $500 nor more than $1,000, in the court's discretion.
The remedy provisions of this article shall not be exclusive,
and the state or any other person shall have the right to proceed
under any legally available remedies.
If any section or portion of any section of this article shall
be held to be invalid for any reason, such invalidity shall not affect
the validity of the remaining sections or portions of sections of
this article.
