[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodbury Heights: Article I, 3-11-63 as Ord. No.
63-2, Ch. 11; Article II, 11-18-87 as Ord. No. 17-1987. Section 49-10 amended at time
of adoption of Code; see Ch. 1, General Provisions, Article I. Other
amendments noted where applicable.]
[Adopted 3-11-63 as Ord. No. 63-2, Ch 11]
As used in this Article, the following terms shall have the
meanings indicated:
The person or official who was first informed of or who discovered
the whereabouts of the minor child standing in violation of this Article.
Any person above the age of 21 years who owes a custodial
responsibility to a minor child within the concept of this Article.
Linger, loaf, lounge, loll, dally, trifle, lag, slouch, poke
or fritter away time without good cause.
It shall be unlawful for any person under the age of 18 years
to ride, loiter, run through, wander or stroll through or remain upon
any of the streets, highways, roads, roadways, alleys, parks or other
areas or places open to the public in the borough, after the hour
of 10:00 p.m., prevailing time, except Friday and Saturday, when the
hour shall be fixed at 10:30 p.m., prevailing time, and before 5:00
a.m., prevailing time, unless accompanied by a parent, a legal guardian
or some duly authorized and accredited custodian of at least 21 years
of age who exercises control of such minor, except as provided in
this Article.
No parent, legal guardian or duly authorized and accredited custodian having lawful care or custody of any person under the age of 18 years shall permit any such child or ward to ride, loiter, wander or stroll or remain unaccompanied on or about any of the streets, highways, roads or roadways, alleys, parks or other areas or places open to the public in the borough within the periods and hours established and prohibited for use by persons of the ages specified in § 49-2 unless escorted or attended by a parent, legal guardian or duly authorized and accredited custodian, except as provided in this Article.
The provisions of this Article shall not apply to any minor
child who is gainfully and lawfully employed, to any minor child who
is a bona fide student of a school, college or university of evening
instruction, to any minor child who is in attendance at an evening
function sponsored by a religious or school organization or to any
minor child who is in attendance at a properly supervised recreational
program, during the time necessarily required to travel between such
minor child's residence and the aforesaid places of assembly,
provided that the parent, legal guardian or other duly authorized
and accredited custodian shall at all times be ready to account for
the travel period allowed under this section and be responsible for
unforeseen incidents of serious consequences if such minor child shall
wander off the safest and most direct route of travel between the
child's residence and the place of assembly.
Should an emergency arise necessitating a person 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
in the borough 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 section shall constitute a
violation of the provisions of this chapter.
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. It shall be a part of their official duty and obligation to the Mayor and Borough Council and the public at large to follow the directives prescribed in §§ 49-7 and 49-8.
The first duty upon the apprehending officer or official shall
be 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 this chapter.
Such record shall include the name and address of the minor child,
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 facts available, the apprehending official
shall either order the minor child to return to his home or place
of residence or personally accompany such minor child to his place
of abode, depending upon all the facts and extremities of the case.
In all cases, the apprehending official shall report the facts within
24 hours to the Borough Clerk, who in turn shall cause all pertinent
allegations, facts and circumstances to be recorded as a permanent
record for future reference.
Upon receipt of the report required in § 49-7, it shall be the duty of the Borough Clerk 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. 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 of this chapter is the offense charged.
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 other duly authorized and accredited
custodian having lawful care or custody of such minor child, the Borough
Clerk 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.
[Amended 6-23-75 by Ord. No. 3-1975]
Any person violating or failing to comply with any of the provisions
of this Article shall, upon conviction thereof, be subject to a fine
of not more than $500 or imprisonment for a term not to exceed 90
days, or both. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such.
[Adopted 11-18-87 as Ord. No. 17-1987]
Whereas it has been determined by the Mayor and Borough Council
of the Borough of Woodbury Heights that in order to preserve the peace
and tranquility of the Borough of Woodbury Heights during the Halloween
season and to protect the welfare of the children of the Borough of
Woodbury Heights as well as for the protection of the property within
the Borough of Woodbury Heights, an ordinance establishing a curfew
during the Halloween season is appropriate.
A curfew is hereby established requiring children under the
age of 18 years to be off of the borough streets by 8:00 p.m. on October
28, October 29, October 30 and October 31 of each calendar year.
Any person violating this Article shall be subject to arrest
and the appropriate sanctions as provided by the laws of the State
of New Jersey.
