[HISTORY: Adopted by the Township Council of the Township of Marlboro 9-27-1979
by Ord. No. 23-79 (Ch. 100 of the 1981 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any unemancipated person under the age of 18 years.
Includes either or both natural parents of a minor, the legal guardians
of such minor, or any other adult persons who have voluntarily or otherwise
assumed the responsibilities of a natural parent with respect to the custody,
care and control of said minor. For the purposes of the enforcement of this
chapter, the term "parent" shall not apply to natural parents, legal guardians
or other persons whose responsibility for the custody and control of such
minor has been transferred to another person or otherwise terminated by court
order or by the emancipation of said minor by marriage, military service or
other circumstances. Persons claiming the benefit of any such termination
or transfer of responsibilities shall bear the burden of establishing the
same in any proceedings hereunder.
Defacing, damaging or destroying public property or the private property
of another within the Township of Marlboro or committing an assault or assault
and battery upon another in the Township of Marlboro, robbery, stealing or
larceny, including shoplifting, knowingly receiving stolen property, violation
of any existing loitering or curfew laws of the Township of Marlboro, or breaking
and entering or entering without breaking into the property of another with
or without the intent to steal, or threatening another with the intention
of extorting money or anything of value, or while on public property, the
operating of or riding upon any minibike, motorcycle or other motor vehicle
for which the operator does not have a current registration, a valid driver's
license or a current insurance card as required by N.J.S.A. 39:3-29 or possession
and/or use of a controlled dangerous substance as the same shall be defined
under Title 24 of the Revised Statutes of New Jersey, or juvenile delinquency
based upon any of the above offenses.
A.
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.
B.
Whenever a minor shall be taken into custody or detained
for the commission of any such violation of the public peace within the Township
of Marlboro, the parents of such minor shall be immediately notified by the
Police Chief or his designated agent of such custody or detention and the
reasons therefor and of the responsibility of parents under this chapter.
When a minor is charged with a violation of the public peace, as defined herein,
and the court makes an adjudication of delinquency, the Chief of Police, or
his designated agent, shall forthwith serve written notice of said adjudication
of delinquency upon the parents, together with a written warning, in a form
approved by the Township Attorney for the penalties and other provisions of
this chapter with respect to the commission within one year of a second violation
of the public peace by said minor. If at any time within one year of the giving
of such notice a minor shall be charged with a violation of the public peace
which shall be the same or similar to the earlier violation referred to above
and shall at any time again be adjudicated delinquent of said violation, it
shall be presumed, subject to rebuttal by competent evidence, that the parents
of said minor during said period of time allowed, permitted or suffered said
minor to commit a violation of the public peace. A record of such notification
shall be kept by the Police Chief or his designated agent.
Any parent who shall violate the terms of this chapter may, upon conviction thereof, be subject to punishment by a fine of not less than $100 nor more than as provided in § 4-3 of the Code. In assessing and determining the penalty, the Municipal Judge may consider and evaluate what restitution or plans for restitution, if any, have been made and what shall be done or is being done by the defendants to ensure that a repetition of said offense or similar offense will not occur.
The remedy provisions of this chapter shall be cumulative, not exclusive,
and the state or any other person or entity shall have the right to proceed
under any other legally available remedies.
