[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 6-28-1976 by Ord. No. 208. Amendments noted where applicable.]
As used herein, the following terms are hereby defined for purposes of this chapter:
- Any unemancipated person under the age of 18 years.
- Includes either or both natural parents of a minor, the legal guardian of such minor or any other adult person who has voluntarily or otherwise assumed the responsibilities of a natural parent with respect to custody, care and control of said minor. For purposes 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 been terminated by court order or by the emancipation of said 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 proceedings hereunder.
- VIOLATION OF THE PUBLIC PEACE
- Includes, without being limited to, any of the following acts:
- A. Defacing, damaging or destroying public or private property within the Borough of Buena.
- B. Committing an assault or assault and battery upon another.
- C. Possession of and/or consuming alcoholic beverages.
- D. Robberies, stealing or larceny, including shoplifting.
- E. Violation of any existing loitering or curfew laws of the Borough of Buena.
- F. Breaking or entering into the property of another with the intent to steal.
- G. Threatening another with the intention of extorting money or anything of value.
- H. Possession and/or use of a controlled, dangerous substance, as same is defined under Title 24 of the New Jersey Statutes Annotated.
- I. Any adjudication of delinquency or an adjudication of being in need of supervision based upon any of the above offenses.
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.
When any minor shall be taken into custody or detained for the commission of any such violation of the public peace within the Borough, the parents of such 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 this chapter.
When a minor is charged with a violation of the public peace as defined herein, and the Juvenile and Domestic Relations Court makes an adjudication of delinquency or an adjudication that the minor is in need of supervision, the Director of Public Safety or his designated agent shall forthwith serve written notice of said adjudication of delinquency or that the minor is in need of supervision upon the parents, together with a written warning, in a form approved by the Borough Solicitor, of the penalties and other provisions of this chapter and advising said parents that they may be subject to the provisions of this chapter upon a second violation of the public peace by said minor within one year from the date on which the minor was adjudicated a delinquent or in need of supervision. If at any time within said one-year period the minor shall again be charged in violation of the public peace and shall again be adjudicated a delinquent or in need of supervision, it shall be presumed, subject to rebuttal by confident evidence, that the parents of said minor, during said period of time, allowed, permitted or suffered said minor to commit a violation of the public peace.
[Amended 1-12-1987 by Ord. No. 329]
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 any other legally available remedy.