[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:
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.
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.
A.
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.
B.
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:
A.
When the juvenile is engaged in an errand involving a
medical emergency.
B.
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.
C.
When work time of the juvenile who is gainfully and lawfully
employed overlaps the curfew hours.
D.
When the juvenile is an attendant as a bona fide student
at an evening school of instruction.
E.
When the juvenile is accompanied by a parent or guardian
or other adult having the care and custody of the juvenile.
F.
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.
