[HISTORY: Adopted by the Township Council of the Township of Brick 6-27-1995
by Ord. No. 828-95 (Ch. 124 of the 1989 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 271.
For the purposes of this chapter, the following definitions shall apply:
A person, other than a parent, to whom legal custody of the juvenile
has been given by court order or who is acting in the place of the parent
or is responsible for the care and welfare of the juvenile.
An individual who is under the age of 17 years.
Actual knowledge or such total information which a parent has or
should reasonably be expected to have pertaining to the whereabouts of the
juvenile in that guardian's legal custody. It is intended to include within
the meaning of knowledge the requirement of neglectful or careless parents
to maintain a reasonable community standard of parental responsibility through
this objective test as to maintaining knowledge of the juvenile's whereabouts.
Any place to which 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.
A.
A juvenile is prohibited from being on any public street
or in any public place between the hours of 10:00 p.m. and 6:00 a.m. except
between the dates of October 30 and November 1. Between the dates of October
30 and November 1 a juvenile shall be prohibited from being on any public
street or any public place between the hours of 8:00 p.m. and 6:00 a.m.
[Amended 10-28-1997 by Ord. No. 828-A-97]
B.
It shall be unlawful for a juvenile of six to 15 years to be
in any public place during the hours when the juvenile is required to be in
attendance at either a public or nonpublic school unless the juvenile is accompanied
by a parent or guardian or is carrying written permission from the juvenile's
educational authority allowing the juvenile to be in a public place.[1]
C.
The provisions of this section shall not apply to a juvenile
when any one of the following circumstances are present:
(1)
When the juvenile is accompanied by a parent or guardian
or other adult having the care and custody of the juvenile.
(2)
Where the juvenile is upon a medical emergency, errand
or legitimate business directed by the juvenile's parent or guardian.
(3)
When work time of the juvenile who is gainfully employed
overlaps the curfew hours.
(4)
When the juvenile is in attendance at a function sponsored
by a religious or educational organization.
(5)
When the juvenile is an attendant as a bona fide student
at an evening school of instruction.
(6)
When the juvenile is in attendance at a civic, cultural,
recreational or social function.
(7)
When the juvenile is 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.
(8)
When the juvenile shall, as a result of the above exceptions,
be traveling within the Township after the prescribed hour to or from the
juvenile's residence in a direct manner in connection with any of the above-excepted
activities.
Any parent or guardian who knowingly allows an unaccompanied juvenile
to be on any public street or in any public place during the operation of
a curfew and between the hours specified herein except as allowed herein shall
have been deemed to violate this chapter.
If any juvenile shall be apprehended for violating the provisions of
this chapter, the Township Police Department shall immediately notify the
parents, guardian or other adult having care and custody of the juvenile of
such arrest, and upon such notification such parent, guardian or other adult
having care and custody of the juvenile shall immediately provide for the
juvenile's placement in their custody, care and keeping.
This chapter shall be posted in the Municipal Building, the public schools
of Brick and in such public or quasi-public places as may be deemed appropriate
so that the public will be constantly informed of the existence of this order
and any actions taken thereunder. This provision shall not be interpreted
to require proof of actual notice or knowledge of this chapter or any proclamation
made pursuant to this chapter in order to have a conviction for violation
of any provision of this chapter.
This chapter is adopted pursuant to N.J.S.A. 40:48-2.52. It is determined
that the standards established herein are consistent with the findings of
fact made by the Legislature in its legislative history in adopting said legislation.
It is further determined that the language contained herein does establish
clear standards and precise language adequate to apprise a juvenile and a
parent or guardian of that which is unlawful as well as that which is adequate
to circumscribe the discretion of police officers so as to prevent subjective
and discriminatory enforcement of this chapter. The Council does further determine
that juveniles and their parents or guardians are hereby specifically apprised
that both are responsible for the conduct of the juvenile and that juveniles
shall not be allowed to be on public streets or in public places during the
hours between 10:00 p.m. and 6:00 a.m. unless the juvenile's parent or guardian
is in the physical presence of the juvenile or unless the juvenile has a particular
purpose as set forth in this chapter for his being in a public street or public
place between the hours of 10:00 p.m. and 6:00 a.m. Police officers enforcing
this chapter shall enforce it against any and all juveniles who are in or
about the public streets or public places of the Township of Brick unaccompanied
by their parent or guardian or not having a specific, particular purpose as
authorized by this chapter for their movements in the absence of a parent
or guardian.
It shall be no defense to any violation charge hereunder that a guardian
was completely indifferent to the activities or conduct or whereabouts of
such juvenile who is charged with the violation of this chapter. [1]
No later than February 1 of every year, the Mayor shall submit to the
Council a report as to the enforcement of this chapter, giving the following
information:
Anyone convicted of violating this chapter shall be required to perform
community service of up to 240 hours and may be subject in addition to a fine
of up to $1,000. If both the juvenile and the juvenile's parent or guardian
violate this chapter, they shall be required to perform community
service together.
