2006-25

AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF HADDONFIELD, COUNTY OF CAMDEN, STATE OF NEW JERSEY, BY ADOPTING CHAPTER 94 ENTITLED CURFEW, WHICH REGULATES THE TIME WHEN JUVENILES ARE NOT PERMITTED ON PUBLIC STREETS AND PUBLIC PLACES, AS AMENDED

Be it ordained by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, as follows:

SECTION I:

The Codified Ordinances of the Borough of Haddonfield is hereby amended by adding Chapter 94 entitled “CURFEW” which provides the following:
           
§ 94-1 Definitions

For the purpose of this chapter, the following words and phrases shall have the following definitions:

CHARITABLE EVENT, ACTIVITY OR MEETING means a fund raising effort, a volunteer service effort, including a dinner, rally, a musical and/or dance performance, and such other events, activities or meetings that are conducted and/or sponsored by an entity or individual that has been approved as a charitable entity or endeavor by a State or the Federal Government.

CULTURAL EVENT, ACTIVITY OR MEETING means a play, a concert, a poetry reading, attendance at an art gallery, musical performance, a dance performance, a singing performance, a book reading, a book club discussion, a lecture, and other such events, activities or meetings.

EDUCATION EVENT, ACTIVITY OR MEETING means a lecture, training, instructions, a seminar and other such events, activities or meetings.

ENTERTAINMENT EVENT, ACTIVITY OR MEETING means a motion picture viewing at a theater, parade, show, dance performance, musical performance, and other such events, activities or meetings.

GOVERNMENTAL EVENT, ACTIVITY OR MEETING means attendance at local, county, state or federal legislative session, judicial proceeding or executive branch event of the government, and other such events, activities or meetings.

GUARDIAN means 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.

JUVENILE means an individual who is under the age of 18 years.

PLACE OF RELIGIOUS WORSHIP means a church, synagogue, mosque, temple and/or chapel, operated and/or owned by a non-profit entity approved by the federal or state government as a non-profit religious organization and other such place, building, structure or facility of worship.
           
PUBLIC PLACE means 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 (such as an automobile, truck, moped, bicycle) used for private transportation (in a public place), parking lot or any other public building, structure or area.

RELIGIOUS SPONSORED EVENT, ACTIVITY OR MEETING means an event, activity or meeting conducted, operated, or managed by a religious organization approved by a state or federal government as a non-profit religious organization.

SOCIAL EVENT, ACTIVITY OR MEETING means a party, wedding, birthday party, anniversary party, retirement party, a dinner party, a dance, prom, or banquet, a visit to a friend or family’s home and other such events, activities or meetings.

SPORTING EVENT, ACTIVITY OR MEETING means a football game, baseball game, softball game, basketball game, hockey game, tennis match, soccer game, lacross game, track/field meet, bowling match, racing meet, boxing match, wrestling match, weight lifting competition, archery meet, golf match, volleyball game and other such game, match or meet.  It also includes practices, training and/or preparation for any of the above sporting events, activities or meetings.

§ 94-2 Curfew Hours Established

It shall be unlawful for a juvenile of any age under 18 years to be on any public street, or public place, from the beginning of the Haddonfield public school year to end of the Haddonfield public school year, between the hours of 10:30 p.m. and 5:00 a.m. on every Sunday though Thursday, and between the hours of 11:00 p.m. and 5:00 a.m. on every Friday and Saturday, unless accompanied by the juvenile’s parent or guardian, except that from the end of the Haddonfield public school year to the beginning of a new Haddonfield public school year, the above 10:30 p.m. time shall be 11:00 p.m. for every day during that summer recess.  On October 30 (Mischief Night) the curfew shall be between the hours on 10:00 p.m. and 5:00 a.m.

§ 94-3 Exceptions

The curfew hour provisions of this Chapter 94 shall not be applicable to a juvenile of any age under 18 years traveling to or from his/her residence going to and from any of the following:

1. A place of employment at which the juvenile is employed, or seeking employment.
2. A public or private school or place of instruction.
3.  A sporting, cultural, social, entertainment, charitable, governmental and/or educational event, activity or meeting, wherein the juvenile was a spectator or participant.
4. A place of religious worship or a religious sponsored event, activity or meeting.
5. A private social event which occurred in the presence of adults with the juvenile’s parent or guardian’s permission.
6. A hospital, doctor’s office, medical clinic, physical therapy facility or other such medical facility.

§ 94-4 Parent or Guardian Responsibility

It shall be unlawful for a parent or guardian of a juvenile of any age under 18 years to knowingly allow an unaccompanied juvenile to be on any public street or public place during curfew hours in violation of this ordinance.

§ 94-5 Violations and Penalties
           

1. A Juvenile violating the provisions of this Chapter shall be subject to the provision of the “New Jersey Code of Juvenile Justice,” N.J.S.A. 2A:4A-20, et seq.
2. A parent or guardian found guilty of violating this Chapter shall be punishable as provided in Chapter 1 General Provisions, § 1-14.

SECTION II:

All ordinances or parts of ordinances inconsistent with this amending ordinance be and they are hereby repealed to the extent of such inconsistencies only.

SECTION III:

If any section or provision of this ordinance shall be held unconstitutional or invalid by any court, the remaining sections and provisions shall, notwithstanding such holding, remain and be in full force and effect.

SECTION IV:

This ordinance shall be in effect upon passage and publication according to law.

First Reading – December 26, 2006
Second Reading -January 9, 2007