[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley
Beach by Ord. No. 1993-30 (Sec. 4-24 of the 1974 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 295.
This chapter shall be known and may be cited as the "Curfew Ordinance
of the Borough of Bradley Beach."
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 plural. The word "shall"
is always mandatory and not mainly directory.
B.
BOROUGH
MINOR
PARENT
STREET
TIME OF NIGHT
YEAR OF AGE
For the purposes of this chapter, the following terms,
phrases, words, and their derivations shall have the meanings set forth herein:
The Borough of Bradley Beach, Monmouth County, State of New Jersey,
a municipal corporation of the State of New Jersey having its principal office
located at 701 Main Street, Bradley Beach, New Jersey.
A person under the age of 18, or an equivalent phrasing often herein
employed, any person 17 or less years of age.
Any person having legal custody of a minor:
A way or place, of whatsoever nature, open to the use of the public
as a matter of right for purposes of vehicular traffic or in the case of 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 familiar areas that are open to the use
of the public.
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 Borough, or then observed in the police station.
Continues from one birthday, such as the 17th, to (but not including
the day of) the next, such as the 18th birthday, making it clear that 17 or
less years of age is herein treated as equivalent to the phrase "under 18
years of age." Similarly, for example, "13 or less years of age" means under
14 years of age.
It shall be unlawful for any persons 17 or less years of age to be or
remain in or upon the streets within the Borough of Bradley Beach at night,
during the period ending at 6:00 a.m. and beginning:
In the following exceptional cases, a minor on a Borough street during the periods of time prohibited under § 166-3 of this chapter shall not, however, be in violation of this chapter when any of the following occur:
A.
When accompanied by a parent of such minor.
B.
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.
C.
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. 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, in exercising a
First Amendment right specified in such communications.
D.
When the minor is returning home from night school, fraternity,
church, social or school meeting, or en route to, and returning from, a doctor
or dentist office, where treatment has been rendered by such doctor or dentist,
provided such minor can evidence the rendering of treatment or the need for
treatment by a physician's statement.
E.
When the minor is no more than 50 feet from the minor's
place of residence.
F.
When the minor carries a certified card of employment
or worker's permit, pursuant to state law.
G.
When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. This clearly exempts bona fide interstate
movement through the Borough of Bradley Beach. This also exempts interstate
travel beginning or ending in the Borough of Bradley Beach.
It shall be unlawful for a parent having legal custody of a minor knowingly
to permit or by inefficient control to allow such minor to be or remain upon
any Borough street under circumstances not constituting an exception, or otherwise
beyond the scope of the curfew. The term "knowingly" includes knowledge which
a parent would reasonably be expected to have concerning the whereabouts of
a minor in a 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 is no defense that a parent was completely indifferent
to the activities, conduct or whereabouts of such minor.
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 or driver's license, 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. This provision will insure the availability
of experienced personnel and allow for information and records to be accessed.
A.
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 are known.
B.
A police officer discharging an enforcement obligation
under this chapter shall file a written report with the Chief of Police or
shall participate, to the extant 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 subsection 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.
C.
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. If the parent
cannot be located or fails to take charge of the juvenile, then the juvenile
shall be released to the juvenile authorities, except to the extent that in
accordance with police regulations, approved in advance by 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.
D.
In the case of a first violation by a juvenile, the Chief
of Police shall, by certified mail or by personal service by a police officer,
send to the parents or guardians of the minor written notice of a violation
with a warning that any subsequent violations will result in full enforcement
of this chapter, including enforcement of parental responsibility and of applicable
penalties.
A.
If, after receipt of a warning notice pursuant to § 166-6 of a first violation by a juvenile, a second curfew violation is adjudicated against the same minor, the parents or guardian of the minor shall be subject to prosecution under § 166-5. For the first parental offense, a parent shall be subject to a mandatory fine of not less than $25, and for each subsequent offense by a parent the minimum fine shall be increased by an additional $25, e.g., $50 for the second offense, $75 for the third offense. The Judge of the Municipal Court of the Borough of Bradley Beach, upon finding a parent guilty, may sentence the parent to pay this fine and the cost of prosecution.
B.
Any juvenile who shall violate any of the provisions
of this chapter more than three times shall be reported by the Chief of Police
of the juvenile authorities as a juvenile in need of supervision, and the
Chief of Police may proceed to file such charges with the Superior Court,
Family Part, Monmouth County, as he may deem appropriate.
