[HISTORY: Adopted by the Council of the City of Perth Amboy 2-19-1980 as Ord. No. 234-80; amended in its entirety 12-1-1992 by Ord. No. 653-92. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Curfew Ordinance of the City of Perth Amboy."
A. 
When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular; and words in the singular number include the plural. The word "shall" is always mandatory and not permissive.
B. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
CITY
The City of Perth Amboy, Middlesex County, New Jersey.
MINOR
Any person under the age of seventeen (17) or, in equivalent phrasing often herein employed, any person sixteen (16) or fewer years of age.
PARENT
Any person having legal custody of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis or as a person to whom legal custody has been given by court order.
STREET
A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to the cartway or traffic lanes, the curb, the sidewalks, whether paved or unpaved and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise. The term "street" also includes the Boardwalk, shopping areas, parking lots, public buildings and similar areas that are open to the use of the public.
TIME OF NIGHT
Based upon the prevailing standard of time, whether Eastern standard time or Eastern daylight saving time, generally observed at that hour by the public in the city, prima facie the time then observed in the police station.
YEAR OF AGE
Continues from one birthday, such as the 13th to, but not including the day of, the next, such as the 14th birthday, making it clear that thirteen (13) or fewer years of age is herein treated as equivalent to the phrase "under fourteen (14) years of age."
A. 
Time limits.
(1) 
It shall be unlawful for any persons twelve (12) or fewer years of age [under thirteen (13)] to be or remain in or upon the streets within the City of Perth Amboy at night during the period beginning at 10:00 p.m. and ending at 6:00 a.m., except that the curfew shall commence at 11:00 p.m. on Friday and Saturday nights.
(2) 
It shall be unlawful for any person sixteen (16) or fewer years of age [under seventeen (17)] to be or remain in or upon the streets within the City of Perth Amboy at night during the period beginning at 11:00 p.m. and ending at 6:00 a.m., except that the curfew shall commence at 12:00 midnight on Friday and Saturday nights.
B. 
Exceptions. In the following exceptional cases, a minor on a city street during the hours for which Subsection A is intended to provide the maximum limits or regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this chapter:
(1) 
When accompanied by a parent of such minor.
(2) 
When accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area.
(3) 
When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, which includes but is not limited to school, church and social activities. Such minor shall evidence the bona fides of such exercise by having in his possession a written communication, signed by such minor and countersigned, if practicable, by a parent of such minor with their home address and telephone number, specifying when, where and in what manner said minor will be on the streets at night (during hours when this chapter is otherwise applicable to said minor) in the exercise of a First Amendment right specified in such communication.
(4) 
When the minor is no more than fifty (50) feet from the minor's place of residence.
(5) 
When the minor carries an employment certificate or work permit, pursuant to state law, and is en route to or from employment.
It shall be unlawful for a parent or any other person having legal custody of a minor knowingly to permit or by inefficient control to allow such minor to be or remain upon any city street under circumstances not constituting an exception to, or otherwise beyond the scope of, this chapter. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall, a fortiori, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
A. 
If a police officer reasonably believes that a juvenile is on the streets in violation of this chapter, the officer shall notify the juvenile that he or she is in violation of this chapter and shall require the juvenile to provide his or her name, address and telephone number and how to contact his or her parent or guardian. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate, a police officer on the street shall use his or her best judgment in determining age. If the officer determines that a person is in violation of this chapter, he shall take the juvenile to the police station where a parent or guardian shall immediately be notified to come for the juvenile whereupon they shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts and to centralize responsibility in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement and recording, thus making available experienced personnel and access to information and records.
B. 
Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances, for example, a juvenile of tender age near home, whose identity and address may readily be ascertained or is known. A formal warning shall be issued to a first offender and served upon the parent or guardian; thereafter, a nonindictable summons shall be issued to a second offender and served upon the parent or guardian.
C. 
A police officer discharging an enforcement obligation under this chapter shall file a written report with the Deputy Chief of Police or shall participate, to the extent of the information for which he is responsible, in the preparation of a report on the curfew violation. It is not the intention of this section to require extensive reports that will prevent police officers from performing their primary police duties. The reports shall be as simple as is reasonably possible and may be completed by police departmental personnel other than sworn police officers.
D. 
When a parent or guardian, immediately called, has come to take charge of the juvenile and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent or guardian. If a parent or guardian cannot be located or fails to take charge of the juvenile, then the matter will be referred to Middlesex County juvenile authorities. The juvenile may temporarily be entrusted to an adult relative, neighbor or other person who will, on behalf of a parent or guardian, assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.
E. 
In the case of a first violation by a juvenile, the Deputy Chief of Police or his designee shall, in person or by certified mail, serve upon the parents or guardians of the minor written notice of the violation with a warning that any subsequent violation will result in full enforcement of this chapter, including enforcement of parental responsibility and of applicable penalties.
[Amended 1-5-1983 by Ord. No. 656-93; 1-19-1993 by Ord. No. 659-93]
A. 
If, after receipt of a warning notice pursuant to § 189-5 of a first violation by a juvenile, a second curfew violation is adjudicated against the same, the minor or the parents or guardians of the minor, shall be subject to prosecution under § 189-4. For the second curfew violation under this chapter, a parent shall be subject to a fine of up to two hundred dollars ($200). For the third curfew violation, a parent shall be subject to a fine of not less than one hundred dollars ($100) and not greater than five hundred dollars ($500). For the fourth and subsequent curfew violations, a parent shall be subject to a fine of not less than one hundred dollars ($100) and not greater than one thousand dollars ($1,000). The Judge of the Municipal Court of the City of Perth Amboy, upon finding a parent or guardian guilty, may sentence the parent or guardian to pay these fines and the costs of prosecution. The Judge of the Municipal Court of the City of Perth Amboy may also require that the parent or guardian and the juvenile perform community service. Said community service shall be performed by the parent or guardian and the juvenile together. In addition, the Judge of the Municipal Court of the City of Perth Amboy may require the parent, guardian and/or the juvenile to attend and successfully complete a parenting program or class.
B. 
Any juvenile who shall violate any of the provisions of this chapter three (3) times shall be reported to the Middlesex County juvenile authorities for such action or charges as may be deemed appropriate.
Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in, on or about such public or quasipublic places as may be determined by the Deputy Chief of Police in order that the public may be constantly informed of the existence of this chapter and its regulations.