[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown by Ord. No. 1982-12 (Sec. 3-7 of the Revised General Ordinances); amended in its entirety 11-12-1996 by Ord. No. 1996-15. Subsequent amendments noted where applicable.]
The Borough of Wrightstown Council hereby determines that a curfew is necessary to further the public health, safety, morals and general welfare of the borough and specifically to further the following borough interests:
The reduction in the incidence of juvenile criminal activity.
The protection of the public from nocturnal mischief by minors.
The enforcement of parental control of and responsibility for their children.
Protection of the younger children from each other and from other persons on the streets during the nighttime hours.
It shall be unlawful for any juvenile under the age of 18 to be or remain in or upon any of the public streets, highways, roads, roadways, alleys, parks or other areas, or in any quasi-public place or in any other place open to the public in the Borough of Wrightstown, either on foot or by any form of conveyance, after the hour of 10:00 p.m. and before 5:00 a.m., except on Friday and Saturday, when the hours shall be fixed between 11:00 p.m. and 5:00 a.m., prevailing time.
A person under the age of 18 years shall not be considered in violation of this chapter under the following exceptional circumstances:
When accompanied by a parent or guardian of such juvenile.
While engaged in errands involving medical emergencies.
While engaged in extracurricular school activities, activities sponsored by religious or community based organizations and other cultural, educational and social events.
When the juvenile is on the sidewalk or place where such juvenile resides or on the sidewalk of either next door neighbor not communicating an objection to law enforcement officers or to the neighbors.
When returning home, by a direct route from the juvenile's lawful and gainful employment.
When the juvenile is with parental consent in a motor vehicle for the purpose of direct interstate or intrastate movements along major routes through the Borough of Wrightstown and such travel beginning or ending in the borough.
It shall be unlawful for a parent, having legal custody of a juvenile, knowingly to permit or by inefficient control to allow the juvenile to be or remain upon any borough street or public place under circumstances not constituting an exception to or otherwise beyond the scope of this chapter. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of the juvenile in that parent's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard or parental responsibility to an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.
If a police officer reasonably believes that a juvenile is on the streets or public places in violation of this Curfew Chapter, the officer shall notify the juvenile that he or she is in violation of this chapter and shall require the juvenile to provide his or her name, address and telephone number and how to contact his or her parents or guardians. The juvenile shall then be taken to the police headquarters where a parent or guardian shall immediately be notified to come for the juvenile. A complete record of circumstances under which the juvenile was first seen or discovered in the apparent violation of this chapter shall be made and such record shall include the name and address of said juvenile, the names and addresses of all persons who have any legal or moral obligation for said juvenile's well being and the nature of such obligation, i.e., parent, guardian, custodian, etc.
When a parent or guardian has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall then be released to the custody of such parent.
If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that, in accordance with police regulations, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult relative, neighbor or other person who will, on behalf of a parent or guardian, assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.
Any person violating this chapter shall be subject to a fine up to $1,000 and shall be required to perform community service. If both a juvenile and a juvenile's parent or guardian violate this chapter they shall be required to perform community service together. Any juvenile who shall violate any of the provisions of this Curfew Chapter shall be reported by the arresting agency to the juvenile authorities as a juvenile in need of supervision, and arresting authorities may proceed to file such charges with the Superior Court of New Jersey, Chancery Division, Family Part, Burlington County.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in plural number include the singular, and words in the singular number include the plural.
- Any person under the age of 18 years.
- Any person having legal custody of a juvenile as a natural or adopted parent, as a legal guardian, as a person who stands in loco parentis, or a person to whom legal custody has been given by order of the court.
- A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel; or, in the case of a sidewalk, for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to the cartway or traffic lanes, curbs, the sidewalks, whether paved or unpaved, and any grass lots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what it be called or formally named, whether alley, avenue, court, road or otherwise. The term "street" shall also include, for the purposes of this chapter, shopping centers, parking lots, parks, playgrounds, public buildings and similar areas open to the use of the public.
The word "shall" is always mandatory and not merely directory.