[Ord. 142, 12/3/1990]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Person under the age of 18 years.
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this Part, "parent" shall mean one or both parents.
Any public street, alley, sidewalk, park, playground, public
building or vacant in the Borough of Honey Brook.
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more person in which any minor involved would not
be using the streets, for emergencies or ordinary purposes such as
mere passage of going home.
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In this Part, the singular shall include the plural, the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
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[Ord. 142, 12/3/1990]
This is a curfew ordinance prescribing, in accordance with prevailing
community standards, regulations for the conduct or minors on streets
at night, for the protection of younger children in the Borough of
Honey Brook from each other and from other persons on the streets
during nighttime hours, for the enforcement of parental control and
responsibility for their children, for the protection of the public
from nocturnal mischief by minors and for the reduction of the incident
of juvenile criminal activity, all for the good of minors, for the
furtherance of family responsibility, and for the public good, safety
and welfare.
[Ord. 142, 12/3/1990; as amended by Ord. 193, 7/16/2007]
It shall be unlawful for any minor to be or remain in or upon
any public highway, park or other public place within the Borough
of Honey Brook, or in any enclosure or vehicle which is on or in close
proximity to any such public place within the Borough of Honey Brook,
between the hours of 10:00 p.m. and 6:00 a.m. on the following day.
Exceptions to the above are the following:
A.
Minor accompanied by parent, guardian, or other person
having legal care or custody of such minor.
B.
Minor possessing a written statement dated that day and
signed by parent, guardian, or other person having the legal care
or custody of such minor, which statement specifies the time, place,
purpose and necessity of the minor being in a public place contrary
to this Part.
C.
Minor lawfully employed making it necessary to be on or
in highways, streets, parks, etc., as stated above and possessing
a current letter certifying the same and signed by employer, parent
or guardian.
D.
Minor on an emergency errand.
E.
Minor traveling to and from church, school or municipal activity with parental permission statement as in Subsection B above.
F.
Minor driving a motor vehicle in interstate travel through
the Borough.
[Ord. 142, 12/3/1990]
It is hereby made unlawful for any parent, guardian, or the
person having the legal care or custody of a minor to allow or permit
such minor to violate any of the provisions of this Part without legal
justification therefor.
[Ord. 142, 12/3/1990; as amended by Ord. 193, 7/16/2007]
Any person who shall violate any provision of this Part, upon
conviction thereof, shall be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
[Ord. 142, 12/3/1990]
The police officers of the Borough of Honey Brook in taking
minors into custody shall use their discretion in determining age
and in doubtful cases may require positive proof of age. Until such
proof is furnished, the officer's judgement shall prevail.
