[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 6-24-1975 by Ord. No. 756. Amendments noted where
applicable.]
The Council of the Borough of Westwood does significantly find
that far too many minors are contributing breaches of the public peace,
which, in significant part, is occasioned by a lack of responsibility
on the part of the parents of some minors. Although the existing statutes
do afford a means to alert parents to their responsibilities to both
the minor and society in general, it is considered the opinion and
legislative judgment of the Council of the Borough of Westwood that
further legislation is necessary to encourage greater parental concern
and responsibility and to fill the void where traditional parental
control is inadequate. This chapter, pursuant to N.J.S.A. 40:48-1,
is intended to fill this void.
[Amended 8-19-2003 by Ord. No. 03-12]
As used in this chapter, the following terms shall have the
meanings indicated:
Any unemancipated person under the age of 18 years.
Either or both natural parents of a minor, the legal guardian(s)
of such minor, or any other adult persons who have voluntarily or
otherwise assumed the responsibilities of a natural parent with respect
to custody, care and control of the minor. For the purposes of this
chapter, the term "parent" shall not include 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 the 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 proceeding brought pursuant
to the provisions of this chapter.
Includes any of the following acts: defacing, damaging or
destroying public property or the private property of another.
A.
In order for a parent to violate § 233-4 of this chapter, utilizing the terminology "allow," "permit" or "suffer," where a minor is apprehended and charged with a violation of the public peace, the Juvenile Officer of the Borough of Westwood Police Department in the Borough of Westwood, or his designated agent, shall forthwith serve written notice of the act and charge and/or summons or complaint on the parent. He shall keep a copy of that notice on file with the Borough of Westwood Police Department. If at any time within 180 days of the giving of such notice such minor shall again be charged and thereafter be subsequently convicted of the same classification of the violation of the public peace, it shall be rebuttably presumed that the parent allowed, permitted or suffered said minor to commit a violation of the public peace.
B.
If a minor is charged on two occasions during the one-hundred-eighty-day
period with a violation of the public peace, as herein described and
set forth, and is convicted at a time subsequent to the one-hundred-eighty-day
period by an appropriate court, the date of the charge shall be the
effective date with respect to violations pursuant to this chapter.
C.
When the Juvenile Officer of the Borough of Westwood Police Department
has two charges against a specific individual, a minor, said Officer
shall forthwith contact the presiding Judge of the Bergen County Juvenile
and Domestic Relations Court and procure the disposition of the charges
by application supported by affidavit, which shall set forth that
his records contain the information aforesaid, and by annexing to
said affidavit a copy of this chapter.
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.
Notice
of the conviction of any parent shall be forwarded to the Juvenile
Officer of the Borough of Westwood Police Department by the Clerk
of the Municipal Court.
Any parent who shall violate the terms of this chapter shall,
upon conviction thereof, be subject to punishment by a fine not to
exceed $500 or 30 days in the Bergen County Jail, or both, in the
discretion of the court.
The remedy provisions of this chapter shall not be exclusive,
and the state or any other person shall have the right to proceed
under any other legally available remedies.
