Tuesday, September 09, 2014

Curfews Found To Be Unconstitutional


BUENA VISTA TOWNSHIP — Township Committee is considering repeal of its curfew ordinance, which makes it illegal for anyone under 18 to be out in public between 10 p.m and 6 a.m. unless accompanied by an adult family member or guardian.
Mayor Chuck Chiarello said it’s a way of preventing lawsuits that could cost taxpayers money after a 2012 Atlantic County Superior Court decision found Egg Harbor Township’s similar ordinance unconstitutional.
Parents of teens charged with violating the curfew sued, and the judge decided parental permission must trump a municipality’s rules.

After the 2012 decision, Egg Harbor Township repealed its curfew ordinance, as did neighboring Hamilton Township.
But other towns such as Avalon, Pleasantville, Ventnor and Atlantic City have stepped up curfew enforcement since the 2012 decision.
“If they choose not to end their curfews, it will end up with them having to get sued,” said Paff. “Shame on them. They should have paid attention.”
Entire article at
http://www.pressofatlanticcity.com/news/breaking/buena-vista-considers-repealing-curfew-ordinanace/article_7b0fa966-3798-11e4-a782-001a4bcf887a.html
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 Current Mullica Township Ordinance

MULLICA TWP CURFEW VIOLATION: Code 110-1
It is a violation for any minor up to and including the age of 16 to wander,walk in or upon any public street, park or place in the Twp between the hrs of 9:00pm and daylight of the following day.  Fines for this violation are up to $200.00
http://mullicatownshippd.org/ 

3 comments:

Anonymous said...

There must be a legal way to keep the curfew.Maybe adding that if a child must be out after 9:00pm, he must have a signed and dated consent form from his parents stating location and reason with address and phone number.

Anonymous said...

The police can pull up and ask them for their "papers" please. Nazi Germany here we come! I guess you believe that the "children" have no constitutional rights anyway.

Anonymous said...

I like the curfew law and the permission slip addition. I would want the cops to call me if my kid ever left the house at night without me knowing about it.
I think there should also be an addition that the parents will be charged for property damage done if they allow their kids to roam the streets and woods at night.
My children can have their constitutional rights when they buy their own roof and pay their own bills.