[HISTORY: Adopted by the Mayor and Council of the Borough of Glen Gardner 10-19-1993 by Ord. No. 93-5. Amendments noted where applicable.]
The following definitions shall apply to this chapter:
- GOVERNING BODY
- The Borough Council of the Borough of Glen Gardner, Hunterdon County.
- 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.
- The Borough of Glen Gardner in the County of Hunterdon.
- PUBLIC PLACE
- 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.
Conditions for imposition of curfew. Whenever the governing body shall determine the need for a curfew for juveniles, the governing body may by resolution declare a curfew in the municipality for a period of not more than 90 days and for such hours and under such conditions as may be prescribed by the governing body, provided that such curfew shall commence not earlier than 10:00 p.m. and shall end not later than 6:00 a.m. during each of the curfew dates established.
Suspension of curfew. Whenever a curfew has been established under this chapter, the governing body may review the situation and declare that the curfew in the municipality is no longer necessary and is suspended.
Whenever a curfew is established within the municipality pursuant to this chapter, it shall be unlawful thereafter for any juvenile under the age of 18 years to be on any public street or in a public place, either on foot or in a vehicle, within the municipality during the times designated by the governing body.
The provisions of this section shall not apply to a juvenile:
When the juvenile is engaged in an errand involving a medical emergency.
When the juvenile is in attendance at an extracurricular school activity, or an activity sponsored by a religious or community-based organization, or other cultural, educational or social events.
When work time of the juvenile who is gainfully and lawfully employed overlaps the curfew hours.
When the juvenile is an attendant as a bona fide student at an evening school of instruction.
When the juvenile is accompanied by a parent or guardian or other adult having the care and custody of the juvenile.
Where the juvenile is upon an emergency errand or legitimate business directed by the juvenile's parent or guardian.
Whenever a curfew shall be established within the municipality pursuant to this chapter, it shall be unlawful for any parent or guardian of a juvenile to allow an unaccompanied juvenile to be on any public street or in any public place in violation of this chapter and the curfew established hereunder. There shall be a presumption that, whenever a minor has been convicted for violation of this chapter, the parents or guardian of the juvenile knew or should have known of the juvenile's violation of this chapter.
If any juvenile should be apprehended for violating the provisions of this chapter, the Municipal Police Department or other law enforcement authority shall notify parents, guardian or other adult having care and custody of the juvenile of such arrest.
The provisions of this chapter and any resolutions of the governing body passed pursuant to this chapter shall be posted in such public or quasi-public places as may be designated by the governing body in order that the public may be informed of the existence of this chapter and any resolutions passed hereunder. This provision shall not be interpreted to require proof of actual notice of knowledge of this chapter or any resolution passed pursuant to this chapter in order to have a conviction for violation of any provision of this chapter.
Any person who violates any provision of this chapter shall, upon conviction, be required to perform community service for a term not to exceed 90 days, and may be subject to a fine not to exceed $1,000, imprisonment for a term not to exceed 90 days, or both. If both a minor and the minor's parent or guardian are convicted of a violation of this chapter, they shall be required to perform community service together.