[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle 10-22-1997 by Ord. No.
2061 (Ch. 53 of the 1975 Borough Code). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Juvenile
Curfew Act of 1997."
A.
The Mayor and Council of the Borough of Roselle have determined that
there has been an increase in juvenile violence, juvenile gang activity
and crime by persons under the age of 18 years in the Borough of Roselle
and that much of said activity takes place during night and evening
hours and on school days during the hours in which school is in session.
B.
The Mayor and Council of the Borough of Roselle have determined that
persons under the age of 18 years are particularly susceptible, because
of their lack of maturity and experience, to participate in unlawful
and gang-related activities and to be the victims of older perpetrators
of crime.
C.
The Mayor and Council of the Borough of Roselle have determined that
a curfew for those under the age of 18 years will be in the interest
of public health, safety and general welfare and will help to attain
these objectives and to diminish the undesirable impact of this conduct
on the citizens of the Borough of Roselle.
D.
The Mayor and Council of the Borough of Roselle have determined that
passage of a curfew will protect the welfare of minors by:
(1)
Reducing the likelihood that minors will be the victims of criminal
acts during the curfew hours and during the hours that school is in
session.
(2)
Reducing the likelihood that minors will become involved in criminal
acts or exposed to narcotics trafficking during the curfew hours and
during the hours that school is in session.
(3)
Aiding parents or guardians in carrying out their responsibility
to exercise reasonable supervision of minors entrusted to their care.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
The hours from 10:00 p.m. until 5:30 a.m.
[Amended 12-30-2008 by Ord. No. 2321-08; 6-20-2012 by Ord. No. 2436-12]
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term "emergency" includes
but is not limited to a fire, a natural disaster, an automobile accident
or any situation that requires immediate action to prevent serious
bodily injury or loss of life.
Any privately owned place of business operated for a profit
to which the public is invited, including, but not limited to, any
place of amusement or entertainment, store, tavern, saloon or restaurant
or any other commercial or business establishment or place.
A person other than a parent to whom legal custody of the
minor has been given by court order or who is acting in the place
of the parent or is responsible for the care, custody, control and
welfare of the minor.
With respect to a parent or guardian, knowledge which a parent
or guardian is reasonably expected to have concerning the whereabouts
of a minor in his or her legal custody.
With respect to an owner, operator or employee of an establishment,
knowledge that a reasonable person is expected to have concerning
the status of a person as a minor, including prior contacts with such
person.
Any person who has not attained the age of 18 years as of
his/her last birthday prior to the date of the violation of this chapter,
but does not include a judicially emancipated minor or a married minor.
Any individual, firm, association, partnership, corporation,
limited liability company or other entity that operates, manages or
conducts any establishment. The term "operator" includes the members
or partners of an association, partnership or limited liability company
and the officers of a corporation.
A natural parent, adoptive parent, stepparent or any person
over the age of 21 years of age who has legal custody by court order
or marriage of any minor and who is authorized by the natural parent,
adoptive parent, stepparent or custodial parent of a child to be a
caretaker for the child.
Any place to which the public or a substantial group of 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.
To linger or stay or fail to leave the premises when requested
to do so by a police officer or the owner, operator or other person
in control of the establishment.
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.
A.
It shall be unlawful for any minor to remain in or upon any public
place or on the premises of any establishment within the Borough of
Roselle during the curfew hours.
B.
It shall be unlawful for any minor to remain in or upon any public
place on any school day during the hours in which such minor's
school is in session, unless such minor has been officially excused
from attendance at such school by school authorities.
C.
It shall be unlawful for any parent or guardian of a minor to knowingly
or negligently permit or by insufficient control allow the minor to
be in any public place or on the premises of any establishment within
the Borough of Roselle during the curfew hours.
D.
It shall be unlawful for any parent or guardian to allow or permit
any minor to be in or upon any public place at any time during the
hours in which said minor's school is in session, unless such
minor has been officially excused from attendance at such school by
school authorities.
E.
It shall be unlawful for any owner, operator or any employee of an
establishment to knowingly permit a minor to remain upon the premises
of any establishment during curfew hours.
F.
It shall be unlawful for any owner, operator or employee of an establishment
to knowingly allow or permit any minor to remain in or upon such establishment
at any time during the hours in which such minor's school is
in session, unless such child has been officially excused from attendance
at such school by the school authorities.
A.
It is a defense to prosecution under this chapter if any of the following
apply:
(1)
The minor is accompanied by the minor's parent or guardian;
(2)
The minor is accompanied by an adult over 21 years of age authorized
by a parent to accompany the minor for a designated period of time
and specific purpose within a specific area;
(3)
The minor is exercising First Amendment rights protected by the Constitution,
such as free exercise of religion, freedom of speech and the right
of assembly;
(4)
There exists a case of an emergency or reasonable necessity, but
only after the minor's parent or guardian has confirmed the facts
establishing the emergency or reasonable necessity, including the
points of origin and destination, the specific streets at a designated
time for a designated purpose;
(5)
The minor is on the sidewalk that abuts the minor's residence
or the sidewalk that abuts the residence of the next-door neighbor
if the neighbor did not object to the minor's presence on the
sidewalk;
(6)
The minor is in attendance at, or returning home by a direct route
from and within 30 minutes of the termination of, an official school
activity or any activity of a religious, civic or voluntary association,
which entity takes responsibility for the minor;
(7)
The minor is in a motor vehicle with the consent of his or her parent
or guardian engaged in normal travel, either intrastate or interstate,
through the Borough of Roselle;
(8)
The minor is traveling, without detour or stop, to or from a business
or occupation which the laws of the State of New Jersey authorize
a minor to perform; or
(9)
The minor carries on his or her person a special permit from the
Chief of Police which has been issued upon written application, signed
by the minor and by a parent or guardian of the minor, which application
includes the name, address and telephone number of the minor, the
name, address and telephone number of the minor's parent or guardian,
the height, weight, sex, color of eyes and hair and other physical
characteristics of the minor; and the necessity which requires the
minor to be present on the public streets and the beginning and ending
of the period of time involved by date and hour. The Chief of Police
may grant a permit, in writing, for the use by the minor of such streets
and upon such hours as, in the opinion of the Chief of Police, may
be reasonably necessary. In the case of an emergency, this may be
accomplished by telephone or other effective communication, with a
corresponding record being made contemporaneously by the Chief of
Police or by his designee.
B.
It is a defense to prosecution under this chapter that the owner,
operator or employee of an establishment promptly notified the Roselle
Police Department that a minor was present on the premises of the
establishment during curfew hours or school hours and refused to leave.
A.
Before taking any enforcement action under this chapter, a police
officer shall ask the apparent offender's age and reason for
being in the public place. The officer shall first warn the minor
that he or she is in violation of curfew and shall, during curfew
hours, direct the minor to proceed at once to his or her home or usual
place of abode or, during school hours, to his or her school. The
officer shall not issue a citation or make an arrest under this chapter
unless the officer reasonably believes that an offense has occurred
and that, based on any response and other circumstances, no defense
in this chapter is proffered or is present.
B.
If a police officer determines that a minor is committing a curfew
offense, the police officer shall take the minor to the Roselle Police
Department headquarters.
C.
A minor who violates this chapter shall be detained by the Roselle
Police Department at the police headquarters and released into the
custody of the minor's parent, guardian or an adult person acting
in loco parentis. The minor's parents, guardian or an adult person
acting in loco parentis with respect to the minor shall be called
to the police headquarters to take custody of the minor. The Police
Department may request that the parent, guardian or adult person acting
in loco parentis submit an appropriate form of identification and
sign appropriate authorization. A minor who is released to a person
acting in loco parentis with respect to the minor shall not be taken
into custody for violation of this chapter while returning home with
the person acting in loco parentis. If no one claims responsibility
for the minor, the minor may be taken to the minor's residence
or placed in the custody of the appropriate official of the Division
of Youth and Family Services or Juveniles in Need of Supervision Shelter.
D.
If a minor violates this chapter on more than three occasions, he
or she may be charged as a delinquent under the Code of Juvenile Justice,
N.J.S.A. 2A:4A-20 et seq. In appropriate cases, however, the Police
Department may refer the matter to the appropriate juvenile authorities
as a juvenile family crisis pursuant to N.J.S.A. 2A:4A-22.
E.
The provisions of this chapter shall not limit the power of the Police
Department to charge parents, guardians or the owners, operators or
employees of business establishments with violations of this chapter.
For a first offense, a violator of this chapter shall be required
to perform 15 hours of community service and pay a fine of $100; for
a second offense, a violator of this chapter shall be required to
perform 30 hours of community service and pay a fine of $200; for
a third offense, a violator of this chapter shall be required to perform
45 hours of community service and pay a fine of $300; for a subsequent
offense, a violator of this chapter shall be required to perform 50
hours of community service and pay a fine of up to $1,000. If both
the minor and the parent or guardian violate this chapter, they shall
be required to perform the community service together.
Severability is intended throughout and within the provisions of this chapter. If any provision, including any exception, part, phrase, or term of the application thereof to any person or circumstance is held invalid, the application to other person or circumstances shall not be affected thereby and the validity of this chapter in any and all other respects shall not be affected thereby. Additional exceptions to be included under § 172-5 will be considered by the Mayor and Council as warranted by future input illuminated by the views of the student government associations, school personnel, citizens, associations, parents, officers and persons in authority concerned positively with minors as well as with juvenile delinquency. The Police Department shall be responsible to make periodic review of the practical aspects of enforcement and interpretation of this chapter, including the need for clarification or relaxation of any term or provision contained herein as well as the need for continued or discontinued curfew regulations. Whenever, in the opinion of the Borough Attorney or of any court, the application of this chapter to a particular act or activity of a minor is unclear or ambiguous, the less restrictive interpretation shall be deemed to be the intent of this chapter.
