[HISTORY: Adopted by the City Council of the City of Pleasantville as indicated in article histories. Amendments noted where applicable.]
Article I Responsibility for Actions of Minors
Article II Civil Liability
[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. I of Ch. 148 of the 1982 Code]
The Council does find that far too many minors are contributing breaches of the public peace which, in significant part, are occasioned by a lack of responsibility on the part of the parents of the minors. Although the existing statutes do afford a means to alert parents to their responsibilities to both the minor and society in general, it is considered the opinion and legislative judgment of the Council that further legislation is necessary to encourage greater parental concern and responsibility and to fill the void where traditional parental control is inadequate. This article, pursuant to N.J.S.A. 40:48-1, is intended to fill this void.
As used in this article, the following terms shall have the meanings indicated:
- Any person under the age of 18 years.
- Either or both parents of a minor, the legal guardians of such minor or any other person(s) having the care or custody of the minor committing the violation of the public peace. However, the term "parent" shall not apply to parents, legal guardians or other persons whose custody and control over such minor has been removed by court order, decree or judgment or military service or marriage of such minor.
- VIOLATION OF PUBLIC PEACE
- Any of the following acts: defacing, damaging or destroying public property or the private property of another within the City of Pleasantville; committing an assault or assault and battery upon another in the city; consuming and/or possessing alcoholic beverages in a public place in the city; breaking and entering, or entering without breaking into the property of another with or without the intent to steal or remove property without the permission of the owner; threatening another with the intention of extorting money or anything of value to the owner; possession and/or use of a controlled dangerous substance, as the same shall be defined under Title 24 of the Revised Statutes of New Jersey; behaving in such a manner as to create a real or implied threat of harm to another individual by threatening gestures and/or words that denote physical threat; the use of abusive or obscene language; the use of one's voice, instrument or device in a manner so as to deprive one of quiet enjoyment; harassment of any individual, family or business in the city (harassment: to trouble by repeated attacks; incursions; to disturb persistently); or, while on public property, the operating of or riding upon any minibike, motorcycle or other motor vehicle for which the operator does not have in his possession a current registration, a valid driver's license or a current insurance card as required by N.J.S.A. 39:3-29; or to demand, request or encourage another or others to commit any of the aforementioned acts or violations or any other act covered by N.J.S.A. 2A:14-1 et seq. relating to juvenile behavior.
Editor's Note: See N.J.S.A. 24:1-1 et seq.
In order for a parent to violate § 180-4 of this article utilizing the terminology "allow," "permit" or "suffer" where a minor is apprehended and convicted of a violation of the public peace, the Chief of Police in the city or his designated agent shall forthwith serve written notice of the act and conviction on the parent, a copy of which shall be forwarded to the Pleasantville Juvenile Conference Committee. If at any time within 180 days of the giving of such notice such minor shall again be charged and thereafter be subsequently convicted of the same classification of the violation of the public peace, it shall be rebuttably presumed that the parent allowed, permitted or suffered said minor to commit a violation of the public peace.
It shall be unlawful for any parent 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.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
The remedy provision of this article shall not be exclusive, and the state or any other person shall have the right to proceed under any other legally available remedies.
[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. II of Ch. 148 of the 1982 Code]
The Council of the City of Pleasantville finds that malicious acts of vandalism by youths are increasing at an alarming rate; that such acts are frequently attributable to lack of care, custody and control exercised by the parent; that parents should have some responsibility for the conduct of their children; and that while there is a reluctance to charge a child with juvenile delinquency there should be some legal deterrent to juvenile acts of vandalism and to parental neglect of child supervision.
Any parent, guardian or other person having legal custody of a minor 16 years of age or under who fails or neglects to exercise responsible supervision and control of the conduct of such minor shall be liable in a civil action for the willful, malicious or unlawful injury or destruction by such minor of the real or personal property of another.
The act of misconduct as set forth in § 180-8 hereof shall be imputed for all purposes of civil damages to the parent, parents or legal guardian having custody of the minor.
The joint and several liability of one or both parents or of the legal guardian for any one act of willful misconduct under this article shall be limited to actual damages.
The remedy provisions of this article shall be cumulative, not exclusive, and the state or any other concerned person shall have the right to proceed under any other legally available remedies.