[HISTORY: Adopted by the City Council of
the City of East Orange 3-10-1980 by Ord. No. 6-1980; amended in its entirety 10-14-1997 by Ord. No. 16-1997. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Juvenile Curfew Ordinance for the City of East Orange 1997."
A.
The Municipal Council of the City of East Orange (the
"Council") has determined that there has been an increase in juvenile
violence, juvenile gang activity and crime by persons under the age
of 17 years in the City of East Orange and that much of said activity
takes place during night and evening hours and on school days during
the hours in which school is in session.
B.
The Municipal Council has determined that persons
under the age of 17 years are particularly susceptible, because of
their lack of maturity and experience, to participate in unlawful
and gang-related activities and to be the victims of older perpetrators
of crime.
C.
The Municipal Council has determined that a curfew
for those under the age of 17 years will be in the interest of public
health, safety and general welfare and will help to attain these objectives
and to diminish the undesirable impact of this conduct on the citizens
of the City of East Orange.
D.
The Municipal Council has determined that passage
of a curfew will protect the welfare of minors by:
(1)
Reducing the likelihood that minors will be the victims
of criminal acts during the curfew hours and during the hours that
school is in session.
(2)
Reducing the likelihood that minors will become involved
in criminal acts or exposed to narcotics trafficking during the curfew
hours and during the hours that school is in session.
(3)
Aiding parents or guardians in carrying out their
responsibility to exercise reasonable supervision of minors entrusted
to their care.
A.
When not inconsistent with the context, words used
in the present tense shall include the future, words in the plural
include the singular, and words in the singular number include the
plural. The word "shall" is always mandatory and not merely directory.
B.
CITY
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
KNOWINGLY
(1)
(2)
MINOR or JUVENILE
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
TIME OF NIGHT
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The City of East Orange, Essex County, a municipal corporation
in the State of New Jersey, whose principal place of business is located
at 44 City Hall Plaza[1], East Orange, New Jersey 07019.
The hours from 11:00 p.m. until 5:30 a.m.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term "emergency" includes
but is not limited to a fire, a natural disaster, an automobile accident
or any situation that requires immediate action to prevent serious
bodily injury or loss of life.
Any privately owned business operated for a profit to which
the public is invited, including but not limited to any place of amusement
or entertainment, store, tavern, restaurant or any other commercial
or business establishment or place.
A person, other than a parent, to whom legal custody of the
minor has been given by court order or who is acting in the place
of the parent or is responsible for the care, custody, control and
welfare of the minor. This shall include a person who stands in loco
parentis and a person to whom legal custody has been given by court
order.
With respect to a parent or guardian, knowledge
which a parent or guardian is reasonably expected to have concerning
the whereabouts of a minor in his or her legal custody. It is intended
to include and require neglectful or careless parents to maintain
a reasonable community standard of parental responsibility through
an objective test. There shall be no defense of a parent who is indifferent
to the activities or conduct or whereabouts of such a minor when he
or she has knowledge of that individual's whereabouts and he or she
is not in compliance with this chapter; and
With respect to an owner, operator or employee
of an establishment, knowledge that a reasonable person is expected
to have concerning the status of a person as a minor, including prior
contacts with such person.
Any person who has not attained the age of 17 years as of
his/her last birthday prior to the date of the violation of this chapter,
but does not include a judicially emancipated minor or a married minor.
Any individual, firm, association, partnership, corporation,
limited liability company or other entity that operates, manages or
conducts any establishment. The term "operator" includes the members
or partners of an association, partnership or limited liability company
and the officers of a corporation.
A natural parent, adoptive parent, stepparent or any person
over the age of 21 years of age who has legal custody by court order
or marriage of any minor and who is authorized by the natural parent,
adoptive parent, stepparent or custodial parent of a child to be a
caretaker for the child.
Any place to which the public or a substantial group of the
public has access, including but not limited to a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, recreation or shopping
area, public transportation facility, vehicle used for public transportation,
parking lot or any other parking, public building, structure or area.
To linger or stay or fail to leave the premises when requested
to do so by a police officer or the owner, operator or other person
in control of the establishment.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement or protracted loss
or impairment of the function of any bodily member or organ.
Based upon the prevailing time, whether it is either Eastern
standard time or Eastern daylight saving time, generally observed
at that hour by the public in the City.
[1]
Editor's Note: Pursuant to Ord. No. 20-2023, adopted 9-11-2023,
the name of City Hall Plaza was changed to "Lt. Governor Sheila Y.
Oliver Court."
It shall be unlawful for any persons under the
age of 17 to remain in any public place or on the premises of any
establishment within the City of East Orange between the time of 11:00
p.m. and continuing into the morning hours of the following day until
5:30 a.m.
A.
It shall be unlawful for any minor to remain in or
upon any public place on any school day during the hours in which
such minor's school is in session, unless such minor has been officially
excused (excluding suspensions and expulsion) from attendance at such
school by school authorities.
B.
It shall be unlawful for any parent or guardian of
a minor to knowingly or negligently permit or by insufficient control
allow the minor to be in any public place or on the premises of an
establishment within the City of East Orange during the curfew hours.
C.
It shall be unlawful for any parent or guardian to
allow or permit any minor to be in or upon any public place at any
time during the hours in which said minor's school is in session,
unless such minor has been officially excused (excluding suspension
and expulsion) from attendance at such school by school authorities.
D.
It shall be unlawful for any owner, operator or any
employee of an establishment to knowingly permit a minor to remain
upon the premises of an establishment during curfew hours.
E.
It shall be unlawful for any owner, operator or employee
of an establishment to knowingly allow or permit any minor to remain
in or upon such establishment at any time during the hours in which
such minor's school is in session, unless such child has been officially
excused (excluding suspension and expulsion) from attendance at such
school by the school authorities.
A.
It shall be unlawful for any juvenile to knowingly
make misrepresentation of his or her age to a police officer of the
City or any person, firm or corporation as specified in this chapter.
B.
Once any person is detained under this chapter, it
is his or her responsibility to establish by sufficient proof that
he or she is not subject to the provisions of this chapter by virtue
of having attained the age of 17 years.
A.
It is a defense to prosecution under this chapter if any of the following applies. A minor on a City street during the hours listed in § 127-4 shall not be considered in violation of this chapter in the following instances:
(1)
The minor is accompanied by the minor's parents or
guardian.
(2)
When accompanied by the parents or guardian or other
adult person having the care or custody of the minor.
(3)
The minor is accompanied by an adult over 21 years
of age authorized by a parent to accompany the minor for a designated
period of time and specific purpose within a specific area.
(4)
The minor is exercising his/her First Amendment rights
protected by the Constitution, such as free exercise of religion,
speech and the right of assembly.
(5)
There exists a case of an emergency or reasonable
necessity, but only after the minor's parent or guardian has confirmed
the facts establishing the emergency or reasonable necessity, including
the points of origin and destination, the specific streets and a designated
time for a designated purpose.
(6)
The minor is on the sidewalk that abuts the minor's
residence or the sidewalk that abuts the residence of the next-door
neighbor if the neighbor did not object to the minor's presence on
the sidewalk.
(7)
The minor is in attendance at, or returning home by
a direct route from and within 30 minutes of the termination of, an
official school activity or any activity of a religious, civic or
voluntary association, which entity takes responsibility for the minor.
(8)
The minor is in a motor vehicle with the consent of
his or her parent or guardian engaged in normal travel, either intrastate
or interstate, through the City of East Orange.
(9)
The minor is traveling, without detour or stop, to
or from a business or occupation which the laws of the State of New
Jersey authorize the minor to perform.
(10)
The minor carries on his or her person a special permit
from the Chief of Police which has been issued upon written application
signed by the minor and by a parent or guardian of the minor, which
application includes the name, address and telephone number of the
minor; the name, address and telephone number of the minor's parent
or guardian; the height, weight, sex, color of eyes and hair and other
physical characteristics of the minor; and the necessity which requires
the minor to be present on the public streets and the beginning and
ending of the period of time involved by date and hour. The Chief
of Police may grant a permit, in writing, for the use by the minor
of such street and upon such hours as, in the opinion of the Chief
of Police, may be reasonably necessary. In the case of an emergency,
this may be accomplished by telephone or other effective communication,
with a corresponding record being made contemporaneously by the Chief
of Police or by his designee.
It shall be unlawful for a parent, as defined in § 127-3, having legal custody over a minor, to knowingly permit or by insufficient or lack of control to allow such minor in his or her control to remain upon any City street or in any public place, as defined in § 127-3, under circumstances not constituting an exception thereto, as defined in § 127-6, or otherwise beyond the scope as contained in this chapter.
A.
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reasons for being in the public place. The officer shall first warn the minor that he or she is in violation of curfew and shall, during curfew hours, direct the minor to proceed at once to his or her home or usual place of abode or, during school hours, to his or her school. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 127-6 is proffered or is present.
B.
If a police officer determines that a minor is committing
a curfew offense, the police officer shall take the minor to the headquarters
of the East Orange Police Department.
C.
A juvenile who violates this chapter shall be detained
by the East Orange Police Department at the police headquarters and
released into the custody of the minor's parent, guardian or an adult
person acting in loco parentis. The minor's parents, guardian or an
adult person acting in loco parentis with respect to the minor shall
be called to the police headquarters to take custody of the minor.
The Police Department may request that the parent, guardian or adult
person acting in loco parentis submit an appropriate form of identification
and sign appropriate authorization. A minor who is released to a person
acting in loco parentis with respect to the minor shall not be taken
into custody for violation of this chapter while returning home with
the person acting in loco parentis. If no one claims responsibility
for the minor, the minor may be taken to the minor's residence or
placed in the custody of an appropriate official of the Division of
Youth and Family Services or Juveniles in Need of Supervision shelter.
D.
If a minor violates this chapter on more than four
occasions, he or she may be charged as a delinquent under the Code
of Juvenile Justice, N.J.S.A. 2A:4A-20 et seq. In appropriate cases,
however, the Police Department may refer the matter to the appropriate
juvenile authorities as a "juvenile family crisis" pursuant to N.J.S.A.
2A:4A-22.
[Amended 6-28-1999 by Ord. No. 12-1999]
For each offense, violators of this chapter
will be required to perform community service of up to 50 hours and
may be fined up to $1,000. For each offense herein by a minor, the
minor shall be required to perform a mandatory minimum of 10 hours'
community service. If both the minor and the parent or guardian violated
this chapter, they shall be required to perform community service
together.
A.
If, after the receipt of a warning notice pursuant to § 127-8 of a first violation by a juvenile, a second curfew violation is adjudicated against the same minor, the parents of the minor shall be subject to prosecution under this chapter. The parents of the minor shall be required to perform community service for a period not to exceed 50 hours and may be subject to a fine of not less than $100 but not more than $1,000. Additionally, if any parent having the care or custody of a minor is found to be in violation of this chapter and it is adjudged that both the juvenile and the juvenile's parents violated this chapter, they may be required to perform community service together.
B.
If a minor has been found to violate this chapter
twice within a six-month period, the minor shall receive a summons
and complaint from the police officer who apprehended the minor for
the violation of this chapter.
C.
If a juvenile is found to be in violation of this
chapter on three occasions within six months, then the minor as well
as the parent having the care or custody of the minor shall receive
a summons and complaint for the violation of this chapter.
D.
Any juvenile who violates any of the provisions of
the Curfew Ordinance as contained in this chapter more than four times
shall be reported by the Chief of Police, or his designee, to the
juvenile authorities as a juvenile in need of supervision, and the
Chief of Police, Corporation Council or their designee may proceed
to file such charges with the Superior Court of New Jersey, Family
Part, as he or she may deem appropriate.