Township of East Hanover, NJ Chapter 77 Curfew

[HISTORY: Adopted by the Township Committee of the Township of East Hanover 5-17-1973 as Art. 4 of Ch. 13 of the Revised Ordinances. Sections 77-1, 77-2, and 77-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Loitering — See Ch. 102.

Peace and good order — See Ch. 115.

§ 77-1 Curfew established. [1]

It shall be unlawful for any minor under the age of 18 years to be upon any public street or park or in any public or quasi-public place either on foot or in an automobile or any other vehicle after the hour of 10:00 p.m. unless accompanied by his or her parent or other adult member of the family or other adult person having legal custody and control of such minor.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 77-2 Responsibility of parent or guardian. [1]

It shall be unlawful for any parent, legal guardian or other person having custody and control of such minor under the age of 18 years to allow or permit such minor to be in any public street or public or quasi-public place either on foot or in an automobile or any other vehicle after the hour specified in § 77-1 except in the manner and for the purposes specified in this chapter.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 77-3 Exceptions.

This chapter shall not apply to a minor child who shall be gainfully employed or who shall be a bona fide student of a school of instruction during the time necessarily required to travel between such minor child's residence and his place of employment or instruction.

§ 77-4 Emergency exemption. [1]

Should any emergency arise necessitating such minor child under the age of 18 years being dispatched upon an errand requiring his presence upon a public street, park or public place or quasi-public place after the curfew hour established in § 77-1, he shall not be deemed to be in violation of this chapter if he has in his possession a note signed by his or her parent, legal guardian or other person having legal custody and control of said minor, stating the:

A. Nature of his errand.

B. Necessity therefor.

C. Place to which said minor is to go.

D. Time when such note was issued.

E. Estimated time required for such errand.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 77-5 Enforcement.

Any township police or truant officer is hereby authorized and empowered to take into custody any minor child who may be in the act of violating the provisions of this chapter. Such officer shall forthwith return said child to his home and immediately release said child into the custody of such parent, legal guardian or other person who has legal custody of such minor child. Said policeman or truant officer shall notify the parent or legal guardian or other person having the care or legal custody of said child of the violation of this chapter and the penalty for second or subsequent violations of this chapter. The officer shall report the violation to the Chief of Police of the township, who shall keep a record thereof.

§ 77-6 Subsequent violation; presumption.

If it be established that the parent, guardian or such other person having the custody and control of such minor child was duly notified pursuant to § 77-5 that such minor had been taken into custody for a violation of § 77-1, then it shall be presumed, in the absence of proof to the contrary, that such parent, guardian or other person having custody of such minor knowingly permitted such subsequent violation.

§ 77-7 Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.