[HISTORY: Adopted by the Common Council of the City of Egg Harbor
City at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
A.
Findings of Common Council.
(1)
The Common Council of the City of Egg Harbor City hereby
finds that there has been a significant breakdown in the supervision normally
provided by certain parents and guidance for juveniles under 18 years of age
resulting in juveniles being involved in a wide range of unacceptable behavior,
including vandalism, noisy and rowdy behavior, breaking and entering, public
drinking and littering and harassment of residents.
(2)
The Common Council further finds that the offensive activities
of the juveniles are not easily controlled by existing laws and ordinances
because the activities are easily concealed whenever police officers are present
and that the establishment of reasonable curfew regulations will enable the
community to better control the free and unobstructed access to the streets
and public places by the majority of residents and will enable the police
to act reasonably and fairly to prevent the violation of laws and ordinances
by juveniles.
(3)
The Common Council further finds and has determined that
a curfew meets a very real local need and that curfew ordinances in other
communities have been a significant factor in minimizing juvenile delinquency.
A curfew in the City of Egg Harbor City is particularly appropriate in view
of the basic residential nature of the community in the sense of the community
that there is a proper time for the cessation of outdoor activities of juveniles.
That sense of community is reflected by the curfew hours declared by this
chapter which take into consideration also the danger hours for nocturnal
crime and for accumulations of juveniles with potential risk incident to immaturity.
B.
Purpose.
(1)
In enacting this chapter, the Common Council adopts the
findings of the legislature expressed in P.L. 1992, c. 132 (N.J.S.A. 40:48-2.52),
and has taken note of the peculiar vulnerability of children, both as victims
of crime and as perpetrators of offenses because of peer pressure. This chapter
is intended not only to prevent children from causing harm, but also is intended
to protect children themselves from being harmed as victims of nocturnal crime.
(2)
The City of Egg Harbor City is basically a family community.
Parental responsibility for the whereabouts of children is the accepted norm
by a substantial majority of the community. Legal sanctions to enforce such
responsibility have had a demonstrated effectiveness in many communities over
the years. The Common Council has determined that as parental control increases
there is a likelihood that juvenile delinquency decreases and that there is
a need for a nocturnal curfew for juveniles in the City of Egg Harbor City
and that the establishment of a curfew applicable to juveniles will reinforce
the primary authority and responsibility of parents and guardians over juveniles
in their care and custody.
(3)
It is not the intent of this chapter to supplant parental
supervision. The Common Council recognizes the right of parents to direct
their children's upbringing and family autonomy against unreasonable
interference. The Common Council is also aware that, in cases in which harm
to the physical or mental health of a child or to the public safety, peace,
order or welfare is threatened, the legitimate interests of the community
as a whole may override the parents' qualified right to control the upbringing
of their children.
(4)
The Common Council also recognizes that juveniles are
protected with certain constitutional rights and guaranties that are enjoyed
by all citizens of this community. It is not the intention of this chapter
to deprive juveniles of the ability to exercise valid rights secured to them
under the Constitution of the United States or the State of New Jersey. The
function of this chapter is, instead, to protect juveniles and to balance
the right of all citizens of the City of Egg Harbor City so that all may enjoy
the rights and privileges of citizens as guaranteed to them by the Constitution
and laws of this country and this state.
The following terms used in this chapter are defined as follows:
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 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.
It shall be unlawful for any person to be or remain on or upon any public
place within the City of Egg Harbor City between the following hours:
A juvenile on the street during the hours referred to in the previous
section shall not be considered in violation of this chapter under the following
circumstances:
A.
When accompanied by a parent or guardian of such juvenile.
B.
When accompanied by an adult authorized by a parent of
such juvenile to take said parent's place in accompanying said juvenile
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 such exercise, provided that the juvenile has in
his/her possession a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile, with their home address and telephone
number, specifying when, where and in what manner the juvenile will be on
the streets at night during hours when this chapter is otherwise applicable
to said juvenile in the exercise of a First Amendment right specified in such
communication.
D.
In case of reasonable necessity for the juvenile remaining
on the streets, provided that the juvenile has in his/her possession a written
communication, signed by the juvenile and countersigned by a parent or guardian
of the juvenile, with their home address and telephone number, setting forth
the facts establishing the reasonable necessity relating to remaining on specified
streets at a designated time for a described purpose, including points or
origin and destination.
E.
When the juvenile is on the sidewalk or property where
the juvenile resides or on either side of or across the street from the place
where the juvenile resides and the adult owner or resident of that property
has given permission for the juvenile to be there.
F.
When returning home from and within one hour after the
termination of a school- or city-sponsored activity or an activity of a religious
or other voluntary association, provided that the juvenile has in his/her
possession a written communication, signed by the juvenile and countersigned
by a parent or guardian of the juvenile with their home address and telephone
number, indicating the place and probable time of termination of the activity.
G.
When the juvenile is, with parental consent, in a motor
vehicle. This contemplates normal travel. It is the intention of this provision
to clearly exempt bona fide interstate movements along major routes through
the City of Egg Harbor City and interstate travel beginning or ending in the
City of Egg Harbor City.
H.
When engaged in or traveling to or from a place of employment.
I.
When engaged in an errand involving a medical emergency.
Upon charging a juvenile with violation of this chapter, notice of the
same shall be given, in writing, by the Police Department to the juvenile's
parent or guardian, which notice shall be sent by certified mail, return receipt
requested, and by regular mail. If at any time within 30 days following the
giving of notice as provided herein the juvenile to whom such notice related
or applied is again charged, and upon such charge is subsequently convicted
of a violation of the curfew provisions of this chapter, it shall be rebuttably
presumed that the juvenile committed such subsequent violation with the knowledge,
allowance, permission or sufferance of the parent or guardian of such juvenile,
and the parent or guardian shall thereupon be charged with a violation of
this chapter.
Any person found in violation of this chapter shall be subject to a
fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination thereof.
If both a juvenile and the juvenile's parent or guardian violate such
chapter, they shall be required to perform community service together.
This chapter shall be liberally construed to effectuate the purpose
and intent of P.L. 1992, c. 132 ((N.J.S.A. 40:48-2.52).
