[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 1975-6, as
amended through Ord. No. 1992-6 (§ 5-13
of the 1972 Ocean Codified Ordinances). Subsequent amendments noted
where applicable.]
[Amended by Ord. No. 2002-28]
As used in this chapter, the following terms shall have the
meanings indicated:
Any unemancipated person under the age of 18 years.
Defined to include either or both natural parents of 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 custody, care and control of such 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 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
such any proceeding hereunder.
"Violation of the public peace" shall be defined including any
of the following acts:
Defacing, damaging, or destroying public property or the private
property of another within the Township;
Committing an assault or assault and battery upon another in
the Township;
Robbery, stealing or larceny including shoplifting;
Knowingly receiving stolen property;
Breaking and entering or entering without breaking into the
property of another with the intent to steal;
Threatening another with the intention of extorting money or
anything of value;
Possession or use of controlled dangerous substance as such
shall be defined under N.J.S.A. 24:21-1 et seq.;
Juvenile delinquency based upon any of the above offenses.
No parent shall assist, aid, abet, allow, permit, suffer or encourage a minor to commit violation of the public peace, as defined in § 252-1, either by overt act, by failure to act or by lack of supervision and control over such minor.
A.
Immediate notice of detention. Whenever a minor shall be taken into
custody or detained for the commission of any such violation of the
public peace within the Township, the parents of the minor shall be
immediately notified by the Police Department of such custody or detention
and the reasons therefor, and of the responsibility of parents under
the provisions of this section.
B.
Written notice of delinquency. When minor is charged with violation
of the public peace and the court makes an adjudication of delinquency,
the Chief of Police or his/her designated agent shall forthwith serve
written notice of adjudication of delinquency upon the parents, together
with written warning of the penalties and other provisions of this
chapter with respect to the commission within one year of second violation
of the public peace by the minor.
A.
Presumption. If at any time within one year of serving notice the
minor shall be charged with violation of the public peace and shall
again be adjudicated delinquent, it shall be presumed, subject to
rebuttal by competent evidence that the parents of the minor during
such period of time, allowed, permitted or authorized the minor to
commit violation of the public peace.
B.
Police record. A record of such notifications shall be kept by the
Police Department.
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.
The remedy provisions of this chapter shall be cumulative, not
exclusive, and the state or any other person shall have the right
to proceed under legally available remedies.
