[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon 3-18-2009 by Ord. No. 8-2009. Amendments noted where applicable.]
The purpose of this chapter is to establish a curfew for juveniles aimed at preventing juvenile delinquency and crime while safeguarding the constitutional rights of juveniles; avoiding juvenile victimization; encouraging family unity; encouraging the family unit to provide for the care, protection and wholesome mental and physical development of children; and encouraging the supervision of children by their parents and guardians and to encourage communication between them.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings indicated:
- Any person over the age of 21 who is responsible for the care, custody and control of any juvenile.
- Any person other than a parent who has legal custody of a juvenile and is over the age of 21.
- Any person under the age of 18.
- The natural or adoptive parent of a juvenile having obtained the age of 18.
- PUBLIC PLACE
- The outside of any place to which the public has access, including but not limited to any highway, street, sidewalk, plaza, road, alley, vacant lot or sidewalk. It shall also include the area outside of any store, shop, restaurant, tavern or other place of business, public grounds, areas, parks, places of religious worship, public and private schools, parking lots, outside of structures or vacant private property not owned by or under the control of the person charged with violating this chapter or owned or under control of his/her parent, guardian or custodian, unless authorized by the owner or person in control of the property. "Public place" shall not include the inside of an operating motor vehicle.
It shall be unlawful for any juvenile to be in any public place in the Borough of North Haledon between the hours of 10:30 p.m. and 6:00 a.m., seven days per week, unless accompanied by a parent, guardian or custodian.
A juvenile shall not be considered in violation of the curfew under the following conditions:
When returning to his/her residence by a direct route from any public place.
When engaged in the exercise of one's First Amendment rights.
In the event a parent, custodian or guardian expressly authorizes his/her juvenile to attend a specific event or to go to a specific location which is not a public place.
Attendance at extracurricular school activities and other cultural, educational and social events, sponsored by religious or community-based organizations.
Engaged or traveling to or from a business or occupation which the laws of the state authorize a juvenile to perform.
In the event of an emergency which necessitates a juvenile to be dispatched upon an errand requiring his/her presence in or upon any public place.
It shall be unlawful for the parent, guardian or custodian of any juvenile under the age of 18 to suffer or permit or by inefficient control to allow any juvenile to be in any public place within the Borough of North Haledon between the hours established in § 249-3 hereinabove. However, the provisions of this section do not apply to a juvenile accompanied by his/her parent, guardian or custodian.
It shall be the responsibility of any person within the Borough of North Haledon to establish (by sufficient proof) that he/she is not subject to the provisions of this chapter by virtue of having attained the age of 18 years.
It shall be a violation of this chapter for any juvenile to utter a misrepresentation of his/her age to a police officer of the Borough of North Haledon.
Any police officer, upon finding an individual in violation of this chapter, shall ascertain the name and address of such individual and warn the individual that he/she is in violation of this chapter and shall direct the individual to proceed at once to his/her home or usual place of abode. The police officer shall make a report of such action and shall notify the parent, guardian or custodian of such minor.
If such individual refuses to heed such warning or direction by any police officer or refuses to give such police officer his/her correct name and address, or if the individual has been warned on any previous occasion that he/she is in violation of the curfew, he/she shall be taken into custody.
Any juvenile violating the provisions of this chapter shall be dealt with in accordance with the juvenile law and procedure. Any parent, guardian or custodian violating this chapter shall, after having been previously notified under § 249-7 of this chapter, be fined not more than $500 for each offense and shall be required to perform community service. If both a juvenile and the juvenile's parent, guardian or custodian violate this chapter, they shall be required to perform community service together.
This chapter shall take effect as provided by law after its final passage and publication but shall expire one year after becoming law unless reenacted by the Borough of North Haledon.
The Police Chief shall submit a yearly report to the Mayor and Council providing the following information:
The number of persons questioned under this chapter, warnings issued, and persons taken into custody, arrested and convicted pursuant to this chapter.
The cumulative number of days, times of day, days of the week and places within the Borough where the actions set forth in Subsection A above were made.
The cost of enforcing this chapter.