Chapter 45. Curfew

Chapter 45 CURFEW

§ 45-1. Hours of curfew established.

§ 45-2. Responsibility of parents or guardians.

§ 45-3. Notification of apprehension of minors.

§ 45-4. Non-applicability.

§ 45-5. Emergencies.

§ 45-6. Prima facie evidence of violation.

§ 45-7. Violations and penalties.

§ 45-8. Posting of ordinance in conspicuous places.

§ 45-9. Severability.

§ 45-10. When effective.

[HISTORY: Adopted by the Township Council of the Township of Gloucester 3-17-64 as Ord. No. 308. Amendments noted where applicable.]

General References

Police Department - See Ch. 15.

Alcoholic beverages - See Ch. 26.

Peace and good order - See Ch. 67.

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 45-1. Hours of curfew established.

It shall be unlawful hereafter for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll, play or remain in or upon the public street, highways, roads, playgrounds, public buildings, places of amusement, entertainment or places of business conducted for profit to which the public is invited and all public or quasi-public places, either on foot or in any vehicle, within the Township of Gloucester, between the hours of 10:00pm of all days from Sunday to Thursday, inclusive, and 6:00am of the following day, and between the hours of 11:00pm on all Fridays and Saturdays and 6:00am of the following day. *Halloween hours shall be as follows: between the hours of 7:00pm on October 29th and 6:00am on October 30th, between the hours of 7:00pm on October 30th and 6:00am on October 31st, and between the hours of 7:00pm on October 31st, and 6:00am on November 1st, provided, however, that the provisions of this section shall not apply to any such minor when accompanied by his or her parent or parents, guardian or other adult person having custody, care or control of such minor. [*Amended on 05-28-08 by Ord. O-08-15]

§ 45-2. Responsibility of parents or guardians.

It shall be unlawful for any parent, guardian or other adult person having custody, care or control of a minor child under the age of eighteen (18) years to knowingly permit such minor to loiter, idle, wander, stroll, play or remain in or upon the public street, highways, roads and other public or quasi-public places within the Township of Gloucester, as mentioned in §45-1 hereof, following the adoption of this ordinance.

§ 45-3. Notification of apprehension of minors.

If any minor under the age of eighteen (18) years should be apprehendedfor violating the provisions of this ordinance, the assigned police officers of the township shall notify the parents, guardian or other person having care, custody or control of such minor of such arrest and may, if deemed advisable, make such further inquiry or take such action concerning the presence of such minor in, on or upon the public or quasi-public places, as aforesaid, as may seem advisable.

§ 45-4. Nonapplicability.

The provisions of this ordinance shall not be applicable to any minor under the age of eighteen (18) years during the time necessarily required for such minor to travel from:

A. A place of employment at which time such minor may be gainfully employed; or

B. A school or place of instruction at which such minor may be in bona fide attendance; or

C. A place at which a function may be held that shall be, or had been, sponsored by a religious, school, civic or other properly supervised event or program; or

D. A place at which a bona fide, supervised social meeting, gathering or assemblage had taken place; to his residence.

§ 45-5. Emergencies.

Should an emergency arise necessitating a minor child under the age of eighteen (18) years to be dispatched upon an errand requiring his or her presence in, on or upon a street or automobile or in any public or quasi-public place, as aforesaid, during the curfew hours herein established, he or she shall have in his possession a note signed by the parent, guardian or other person having custody, care or control of such minor child under the age of eighteen (18) years, stating the nature of the errand, the necessity therefor, the place to which child is to go, the time such note was issued and the time required for such errand. The abuse of the provisions of this para­graph shall constitute a violation of the provisions of this ordi­nance, punishable as hereinafter provided.

§ 45-6. Prima facie evidence of violation.

If it should be established that any minor under the age of eighteen (18) years remained idle, loitered, wandered, strolled or remained in, on or upon any of the public or quasi-public places within the township, as above mentioned, in violation of the pro­visions of this ordinance, then it shall be presumed, in the absence of proof to the contrary, that the parent or other adult person having the care, control or custody of such minor knowingly permitted such minor so to do.

§ 45-7. Violation and penalties.

Any person or person found guilty of violating any of the provisions of this ordinance shall be punished by a fine of not more than five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both, in the discretion of a court of competent jurisdiction.

§ 45-8. Posting of ordinance in conspicuous places.

Notice of the existence of this ordinance and of the curfew regulations established by it shall be posted in or at such public or quasi-public places as may be determined by the Chief of Police, in order that the public may be constantly informed of the existence of this ordinance and it regulation.

§ 45-9. Severability.

If any section or portion of any section of this ordinance should be determined to be invalid for any reason, such invalidity shall not affect the validity of the remaining sections or portions of this ordinance.

§ 45-10. When effective.

This ordinance shall take effect immediately upon its adoption and publication according to law.

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Editor's Note: This section amended upon adoption of the Code, see Ch.1, General Provisions, Article I, Adoption of Code.