[HISTORY: Adopted by the Board of Commissioners
(now City Council) of the City of Brigantine 3-17-1954 by Ord. No.
2-1954; amended in its entirety 8-18-1993 by Ord. No. 20-1993. Subsequent
amendments noted where applicable.]
As used in this chapter, the following words
shall have the following definitions:
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.
Any individual who is under the age of 18 years.
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.
[Amended 9-2-2020 by Ord. No. 9-2020]
A.
It shall be unlawful for a juvenile to be on any public street or
in a public place between the hours of 10:00 p.m. and 6:00 a.m. unless
accompanied by said juvenile's parent or guardian or unless engaged
in, or traveling to or from, a business or occupation which the laws
of this state authorize a juvenile to perform.
B.
Juveniles shall be permitted on public beaches and public recreation
facilities from sunup to one hour past sundown. Juveniles on public
beaches and public recreation areas at all other times unless accompanied
by said juvenile's parent or guardian is specifically prohibited.
[Added 3-2-2005 by Ord. No. 6-2005[1]]
It shall be unlawful for a juvenile of any age
under 18 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 a written permission from the juvenile's educational
authority allowing the juvenile to be in said public place or is in
said public place as part of an activity or trip sponsored and authorized
by said juvenile's school.
If any parent or guardian allows an unaccompanied
juvenile to be on a public street or in a public place in violation
of the terms of this chapter, said parent or guardian may be required
to perform community service together with the juvenile who violates
this chapter.
It shall not be a violation of this chapter
if any juvenile is in a public place or on a public street during
hours which are in violation of this chapter if said juvenile is in
said public place or on said public street while engaged in an errand
involving a medical emergency or attending extracurricular school
activities or activities sponsored by religious or community-based
organizations or other cultural, educational or social events which
occur during the hours of curfew as detailed in this chapter.
The City of Brigantine finds and declares that
children who are left unsupervised during the overnight hours may
be exposed to the most detrimental influences in society; that the
allure of the rampant drug counter-culture, the potential for involvement
in criminal activity and other potential threats to the physical and
mental health and welfare of children justify governmental action
in furtherance of the protection of one of the most fragile and easily
influenced segments of our society. The City of Brigantine further
finds and declares that it is in the best interest of this municipality
and society at large to encourage family unity; to encourage the wholesome
mental and physical development of children, to encourage the supervision
of children by their parents and/or guardians and to encourage communication
between them.
Any person who violates this chapter shall be
required to perform up to 90 hours of community service and may be
subject to a fine of up to $1,000, or both, in the discretion of the
Municipal Court Judge. If both the juvenile and the juvenile's parent
or guardian violate this chapter, they shall be required to perform
any community service imposed by the Municipal Court Judge together.
