[HISTORY: Adopted by the Council of the City
of Northfield 7-5-1977 by Ord. No. 8-77 (Ch. 86 of the 1974 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 140.
As used in this chapter, the following terms
shall have the meanings indicated:
Any unemancipated person under the age of 18 years.
Includes either or both natural parents of a minor, the legal
guardians of such minor or any other adult persons who have voluntarily
or otherwise assumed the responsibilities of a natural parent with
respect to custody, care and control of said minor. For the purposes
of the enforcement of this chapter, the term "parent" shall not apply
to natural parents, legal guardians or other persons whose responsibility
for the custody and control of such minor has been transferred to
another person or otherwise terminated by court order or by the emancipation
of said minor by marriage, military service or other circumstances.
Persons claiming the benefit of any such termination or transfer of
responsibilities shall bear the burden of establishing the same in
any proceedings hereunder.
Includes any of the following acts: defacing, damaging or
destroying public property or the private property of another within
the City of Northfield or committing an assault or assault and battery
upon another in the City of Northfield; robbery, stealing or larceny,
including shoplifting; knowingly receiving stolen property; violation
of any existing loitering or curfew laws of the City of Northfield;
breaking and entering or entering without breaking into the property
of another with the intent to steal; threatening another with the
intention of extorting money or anything of value; possession and/or
use of a controlled dangerous substance, as same shall be defined
under Title 24 of the Revised Statutes of New Jersey; or juvenile
delinquency based upon any of the above offenses.
It shall be unlawful for any parent knowingly or through inefficient
control to assist, aid, abet, allow, permit, suffer or encourage a
minor to commit a violation of the public peace, as defined herein,
either by overt act, by failure to act or by lack of supervision and
control over such minor. The term "knowingly" includes knowledge which
a parent should reasonably be expected to have concerning the activities
or conduct or whereabouts of a minor in that parent's legal custody.
This section is intended to hold neglectful or careless parents up
to a reasonable community standard of parental responsibility through
an objective test. It shall, therefore, be no defense that a parent
was completely indifferent to the activities or conduct or whereabouts
of such minor.
Whenever a minor shall be taken into custody
or detained for the commission of any such violation of the public
peace within the City of Northfield, the parents of such minor shall
be immediately notified by the Municipal Court Administrator of such
custody or detention and the reasons therefor and of the responsibility
of parents under this chapter.
When a minor is charged with a violation of the public peace,
as defined herein, and the Court makes an adjudication of delinquency,
the Municipal Court Administrator or his designated agent shall forthwith
serve written notice of said adjudication of delinquency upon the
parents, together with a written warning, in a form approved by the
City Solicitor, of the penalties and other provisions of this chapter
with respect to the commission within one year of a second violation
of the public peace by said minor. No penalties shall be sought against
such parent(s) in the case of the first violation of the public peace
by said minor. A record of such notification shall be kept by the
Municipal Court Administrator.
The remedy provisions of this chapter shall
be cumulative, not exclusive, and the state or any other person shall
have the right to proceed under any other legally available remedies.
A.
If any section, subsection, sentence, clause or phrase of this chapter
is for any reason held to be unconstitutional, invalid, or unenforceable
by a court of competent jurisdiction, such decision shall not affect
the remaining portions of this chapter.
B.
Any ordinance inconsistent with the terms of this chapter is hereby
repealed to the extent of such inconsistency.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistencies, and should
any section, clause, sentence or provision of any item in this chapter
be declared unconstitutional or invalid by a court of competent jurisdiction,
such decision shall not affect the remaining portions of this chapter.
