[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove as Ch. 7 of the 1968 Revised Ordinances (Ch. 113 of
the 1986 Code). Amendments noted where applicable.]
[Amended 2-7-1989 by Ord.
No. 89-3; 7-7-2009 by Ord. No. 2009-9]
A.
It shall
be unlawful for any minor under the age of 18 years to loiter, idle,
wander, stroll or play in or remain in or be upon the public streets,
highways, roads, alleys, parks, playgrounds, public places, public
buildings, places of amusement and entertainment, places of business
carried on for profit to which the public is invited, vacant lots
or other public places, either on foot or in any vehicle, within the
confines of the Borough between the hours of 10:00 p.m. and 6:00 a.m.
of the following day; provided, however, that the provisions of this
subsection shall not apply to any such minor accompanied by his parent
or parents, guardian or other adult person having the care or custody
of such minor.
B.
It shall
be unlawful for any minor under the age of 18 years to be in any public
place during the hours when the minor is required to be in attendance
at either a public or nonpublic school unless the minor is accompanied
by a parent or guardian or is carrying written permission from the
minor's educational authority allowing the minor to be in a public
place.
[Added 7-5-2017 by Ord.
No. 2017-5]
[Amended 2-7-1989 by Ord.
No. 89-3]
It shall be unlawful for the parent or parents, guardian or other adult person having the care or custody of a minor under the age of 18 years to permit such minor to loiter, idle, wander, stroll or play in or remain in or be upon the public streets, highways, roads, alleys, parks, playgrounds, public places, public buildings, places of amusement and entertainment, places of business carried on for profit to which the public is invited, vacant lots or other public places, either on foot or in any vehicle, within the confines of the Borough between the hours set forth in § 229-1 hereof; provided, however, that the provisions of this section shall not apply to any such minor accompanied by his parent or parents, guardian or other adult person having the care or custody of the minor or where the minor is upon an emergency errand or legitimate business directed by his parent or parents, guardian or other adult person having the care or custody of the minor.
It shall be unlawful for any owner or operator of any establishment as described in §§ 229-1 and 229-2 of this chapter to suffer or permit such minor to loiter, idle, wander, stroll or play in or remain in or be upon the premises and all other places as set forth in §§ 229-1 and 229-2 of this chapter during the times therein set forth, subject to the provisions contained in said §§ 229-1 and 229-2.
[Amended 2-7-1989 by Ord.
No. 89-3]
A.
The provisions of this chapter shall not apply to any minor under
the age of 18 years who shall be gainfully employed, who shall be
a bona fide student of a school of evening instruction, who shall
be in attendance at a function sponsored by a religious or school
organization or who shall be in attendance at a properly supervised
recreational program during the time necessarily required to travel
between the place of assembly and such minor's place of residence.
B.
Should an emergency arise necessitating a minor child under the age
of 18 years being dispatched upon an errand requiring his presence
upon any street, highway, road or roadway or any other place or area
open to the public during the hours to which the use thereof by such
unattended minor child is prohibited by this chapter, such child shall
have in his possession a note or message in writing signed by a person
of his household over the age of 21 years stating the nature of the
errand, the necessity therefor, the place or destination at which
the mission is to be accomplished, the time such message was executed
and the approximate time required for the errand. Any abuse of the
purpose or spirit of this subsection shall constitute a violation
of the provisions of this chapter.
A.
Every member of the Police Department of the Borough and all other
officials charged with law enforcement within the Borough are hereby
authorized, empowered and directed to enforce the provisions of this
chapter, and it shall be a part of their official duty and obligation
to the Mayor and Council and the public at large to follow the directives
prescribed in this section.
B.
It shall be the duty of the apprehending officer or official to take
the minor child into protective custody. He shall then make a complete
record of the circumstances under which the child was first seen and
discovered in an apparent violation of the provisions of this chapter,
and such record shall include the name and address of the minor child
and the names and addresses of all persons who have either legal or
moral responsibility for the minor child's well-being and the
category of such responsibility (i.e., parent, guardian, custodian,
etc.). Upon completion of a record of all salient facts available,
the apprehending official shall see that the minor is safely transported
to his place of residence. In all cases the apprehending official
shall report the facts within 24 hours to the Chief of Police of the
Borough, who in turn shall cause all pertinent allegations, facts
and circumstances to be recorded as a permanent record for future
reference.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Upon receipt of the report required in the preceding section,
it shall be the duty of the Chief of Police to serve a formal notice
upon all persons whose names appear in the report of the apprehending
officer or official, or in any inquiry made as a result of such report,
who have or seem to have any legal or moral responsibility for the
well-being of the minor child involved that there has been a violation
of this chapter. The notice prescribed shall be captioned "Notice
of First Violation of Curfew Ordinance" and shall contain all pertinent
facts in any given case. Such notice may be served personally by any
member of the Police Department or mailed by registered letter. For
the purposes of this chapter, such notice, when duly produced and
admitted as evidence in the Municipal Court of the Borough, shall
constitute an unequivocal basis for proceeding with a trial in which
a second or subsequent violation hereof is the offense charged.
[Added 10-20-70; amended 6-17-1986 by Ord. No. 86-5]
Upon the establishment of the fact that § 229-1 has been violated a second or subsequent time by a minor and that the parent, parents, legal guardian or other adult person having the care or custody of said minor has been served or notified of a first violation of this chapter, then it shall be conclusively presumed that the parent, parents, legal guardian or other adult person having the care or custody of such minor knowingly permitted such minor to violate the terms of this chapter.
[Amended 2-7-1989 by Ord.
No. 89-3; 7-7-2009 by Ord. No. 2009-9]
Upon the second or subsequent violation of the provisions of
this chapter by either a minor child under the age of 18 years or
by any parent, legal guardian or otherwise duly authorized and accredited
custodian having lawful care or custody of such minor child, or owner
or operator of a business establishment, the Chief of Police of the
Borough shall cause an appropriate summons to be issued calling for
the appearance of the minor child and all persons who appear to have
either a legal or moral responsibility for the care and welfare of
such child, and any of the persons in any of the categories specified
in this section shall, upon conviction of any violation of this chapter
in the Municipal Court of the Borough, be required to perform community
service and may be subject to a fine of up to $1,000. If both a juvenile
and a juvenile's parent or guardian violate this chapter, they
will be required to perform community service together.[1]
[1]
Editor's Note: Original § 113-9, Supplementary provisions,
which immediately followed this section and was added 4-3-1973 by
Ord. No. 73-4, was repealed 7-5-2017 by Ord. No. 2017-5.
