[Adopted 4-5-2006 by Ord. No. DR-249]
The City Council is authorized to enact an ordinance establishing
curfews for juveniles pursuant to N.J.S.A. 40:48-2.52(b).
The City Council of the City of Hoboken hereby finds based upon
information provided by the Chief of Police that there has been a
continued breakdown in the supervision and guidance normally provided
by certain parents for juveniles under 18 years of age resulting in
juveniles being involved in a wide range of unacceptable behavior
during the late evening hours including vandalism, noisy and rowdy
behavior, breaking and entering, public drinking and littering, and
harassment of residents both as perpetrators and victims and other
forms of physical harm resulting from interalia, illegal use of firearms,
and sale of drugs.
The City Council further finds that the offensive activities
by and towards the juveniles are not easily controlled by existing
laws and ordinances because the activities are easily concealed whenever
police officers are present and the establishment of reasonable curfew
regulations will enable the community to better control the free and
unobstructed access to the streets and public places by the majority
of residents and will enable the police to act reasonably and fairly
to prevent the violation of laws and ordinances by juveniles.
The City Council further finds and has determined that a curfew
meets a compelling local need and that curfew ordinances in other
communities have been a significant factor in minimizing juvenile
delinquency. A curfew in Hoboken is particularly appropriate in view
of the high density of population in a relatively small geographic
area in Hoboken and the mixed use of residential and commercial areas
throughout the City. The regulation of juveniles is an attempt to
minimize danger to the juveniles and the community during the dangerous
hours for nocturnal crime and mischief, which could be accentuated
because of the juvenile's immaturity.
Parental responsibility for the whereabouts of children is an
accepted norm by a substantial majority of the community and many
parents have expressed a desire to have a curfew in order to augment
their efforts to supervise and guide their children.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
consistent with the appropriate context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular include the plural. The word "shall" is
considered to be mandatory and not merely directory or discretionary
in nature.
The City of Hoboken.
An unforeseen combination of circumstances or the resulting
state, including those circumstances which call for immediate action
in response to a threat to public health and safety. This term shall
be understood to include but not be limited to a fire, a natural disaster,
an automobile accident or other situation requiring immediate action
to prevent serious bodily harm, injury or loss of life. "Serious bodily
injury" shall mean bodily injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement or protracted
loss or impairment of the function of any bodily member or organ.
An individual who is under the age of 18 years.
Includes knowledge or information which a parent or legal
guardian should reasonably be expected to have concerning the whereabouts
of a minor in the legal custody of a parent or guardian. It is intended
to include and require neglectful or careless parents to maintain
a reasonable community standard of parental responsibility through
an objective test. It shall be no defense to this chapter that a parent
was indifferent to the activities or conduct or whereabouts of such
a minor or juvenile.
A person over the age of 18 other than a parent, to whom
legal custody of the juvenile has been given by court order or other
method required by law.
The natural or legally adoptive parent of a juvenile or minor.
Any place to which the public has access, including but not
limited to, a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other public building, structure or area.
Any extracurricular, cultural, educational, recreational,
civic, political, religious or social activity organized, coordinated
and/or publicized by any public or private school, any agency or department
of Hoboken, or any public or private organization, business or entity
formulated for any cultural, educational, recreational, civic, political,
religious or social purpose, whether not-for-profit or for profit.
To linger or stay or to fail to leave a public place or establishment
when requested to do so by a police officer or the owner, operator
or other person in control of the establishment or premises.
It shall be unlawful for any person under 18 years of age to
be on or remain in or upon the public streets and public places within
the City of Hoboken during the period ending at 5:00 a.m. and beginning.
In the following exceptional cases a minor who remains in or upon a public street or public place during the hours specified in § 89-9 above, minors, their parents and their fellow-citizens shall not, however, be considered in violation of the Curfew Ordinance:
A.
When accompanied by a parent or legal guardian of such minor.
B.
When accompanied by an adult authorized in writing by a parent or
legal guardian of such minor to take said parent's place in accompanying
said minor for a designated period of time and purpose within a specified
area.
C.
When the juvenile is on the sidewalk or property where the juvenile
permanently resides.
D.
When going to, without making any detour or stop and within one hour
prior to the commencement of an official extracurricular school activity
or other official cultural, educational, recreational, sporting or
social event sponsored by a school, by the City, or by a religious,
civic, voluntary or other community-based association, and supervised
by adults of which prior notice by the organization or entity sponsoring
the event, indicating the place and probable time of termination,
has been given in writing, to and duly filed for immediate reference
by the Chief of Police or officer assigned by the Chief on duty at
the police station.
E.
When returning home from without making any detour or stop after
the termination of any activity whether sponsored by a school, by
the City, or by a religious, civic, voluntary or other community-based
association and including all private activities within 1/2 hour after
the termination of such activity so long as the juvenile has in his
or her possession written permission from their parent or legal guardian.
F.
When authorized, by special permit from the Chief of Police or the
officer designated by the Chief for that purpose, carried on the person
of the juvenile thus authorized, which may be issued only when necessary
nighttime activities of a juvenile are required but are not otherwise
addressed by any provision of this article. When the Chief of Police
or his designee shall determine that the necessary nighttime activities
of a juvenile warrant, a special permit for the event may be granted
upon written application of the juvenile's parent or legal guardian
and signed by the juvenile specifying the following and filed with
the department: 1) the name, address, and telephone number of a parent
or legal guardian of the juvenile, 2) the height, weight, sex, color
of eyes and hair and other physical characteristics of the juvenile,
3) the necessity which requires the juvenile to remain upon the public
streets or places during the curfew hours otherwise applicable, and
4) the street or route and destination as well as the beginning and
ending of the period of time involved by date and hour. In an emergency,
as defined by this article, this application may be made by telephone
or in person, with a corresponding written record being made contemporaneously
to the Chief of Police or his designee at the police station.
G.
When authorized, by regulation issued by the Chief of Police, to
respond to cases of reasonable necessity adapted to necessary nighttime
activities of more juveniles than can readily be dealt with on an
individual special permit basis. Normally such regulation by the Chief
of Police permitting use of the public place should be issued sufficiently
in advance to permit appropriate publicity through news media and
through other agencies such as the schools, and shall define the activity,
the scope of the use of the public streets or places permitted, the
period of time involved not to extend more than one hour beyond the
time for termination of the activity, and the reason for finding that
the regulation is reasonably necessary and is consistent with the
purposes of this article.
H.
When the juvenile carries a certified card of employment dated or
reissued not more than 45 days previously, signed by the juvenile's
employer and the Chief of Police identifying the juvenile, the address
of his home and of his place of employment, and his hours of employment.
I.
On an errand at the direction of the minor's parent or guardian,
without making any detour or stop for the purpose of responding to
a medical problem or emergency.
J.
In a motor vehicle involved in interstate travel not originating
in the City.
L.
Married or had been married or had disabilities of minority removed
in accordance with law.
M.
When engaging in an activity protected by the First Amendment so
long as the Chief or his designee receive prior written notice in
advance of such activity and the juvenile has the written permission
of his or her parent or legal guardian in his or her possession at
the time the activity is engaged in.
It shall be unlawful for a parent or guardian having legal custody
of a juvenile knowingly to permit or by inefficient control to allow
the juvenile to be or remain upon any public place under circumstances
not constituting an exception to, or otherwise beyond the scope of
the Curfew Ordinance. The term "knowingly" includes knowledge, which
a parent should reasonably be expected to have concerning the whereabouts
of a juvenile in that parent's legal custody. This section is intended
to hold neglectful or careless parent up to a reasonable community
standard of parental responsibility through 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 upon
a public street or public place in violation of the Curfew Ordinance
without any of the exceptions applying, the officer shall notify the
juvenile that he or she is in violation of the Ordinance and shall
require the juvenile to provide his or her name, address and telephone
number and how to contact his or her parent or legal guardian. In
determining the age of the juvenile and in the absence of convincing
evidence such as a birth certificate, a police officer shall, in the
first instance, use his or her best judgment in determining age.
A.
The Chief of Police may require that the responding police officer
or a designee within the Police Department deliver to a parent or
guardian thereof a juvenile under appropriate circumstances to his
or her home whose identity and address may readily be ascertained
or are known.
B.
In any event the police officer shall, within 24 hours, file a written
report with the Chief of Police or shall participate to the extent
of the information for which he is responsible in the preparation
of a report on the curfew violation. It is not the intention of this
section to require reports that will prevent police officers from
performing their primary police duties. The reports shall be as simple
as is reasonably possible and may be completed by police departmental
personnel other than sworn police officers.
C.
When a parent or guardian, immediately called, has come to take charge
of the juvenile and the appropriate information has been recorded,
the juvenile shall 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, 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.
D.
In the case of a first violation by a juvenile, the Chief of Police
shall by certified mail, send to a parent or guardian, written notice
of the violation with a warning that any subsequent violation will
result in full enforcement of the Curfew Ordinance against the parent
or guardian and juvenile, including enforcement of applicable penalties.
No penalties shall be sought against parent or guardian and the juvenile
in the case of a first violation although the parent or guardian shall
be contacted to retrieve the juvenile. A copy of the notice of first
violation shall be maintained by the Police Department. An additional
copy of the notice of first violation shall be kept on file by the
Municipal Court Clerk of Hoboken for the purpose of providing evidence
of failure by the minor, as well as the parent or guardian, to observe
the provisions of this article in the event of any subsequent citation
for an alleged violation of this article. No written warning shall
be issued for any subsequent violation of this article.
A.
Community service. Any person, juvenile or adult convicted of a violation
of this article shall be required to perform community service as
directed by the Court. As provided in N.J.S.A. 40:48-2.52, whenever
both a juvenile and the juvenile's parent or guardian violate the
Article, they shall be required to perform community service together.
B.
Fines. Any juvenile convicted of a violation of the Curfew Ordinance shall be subject to a fine of $50 for a first offense, $100 for a second offense and not less than $150 nor more than $1,000 for any third subsequent offense. Any parent or guardian convicted of a violation, after the warning notice pursuant to § 89-12 of a first violation by a juvenile, shall be fined $50 and for a second offense by a parent or guardian the fine shall be $100. For any subsequent offense by a parent, the fine shall not be less than $150 and not more than $1,000.
C.
A person who violates a provision of this article is guilty of a
separate offense for each day or part of a day during which the violation
is committed, continued or permitted.
The provisions of this article are declared to be severable
and if any section, subsection, sentence, clause or phrase thereof
for any reason be held to be invalid or unconstitutional, such decision
shall not effect the validity of the remaining sections, subsections,
sentences, clauses and phrases of this article, but shall remain in
effect; it being the legislative intent that this article shall stand
notwithstanding the invalidity of any part.
Notice of existence of this article and of the curfew regulations
established by it shall be posted in, on or about such public or quasi-public
places as may be determined by the Chief of Police in order that the
public may be informed of the existence of this article and its regulations.
All ordinance or parts of ordinances of the City of Hoboken
heretofore adopted that are inconsistent with any of the terms and
provisions of the Article are hereby repealed to the extent of such
inconsistency.
This article shall take effect immediately upon final passage.
Notice of adoption shall be published as provided by law.
