Curfew for kids in Newton moves forward: Here's when the public can have their say

NEWTON - A proposed ordinance which would set a curfew for juveniles was formally introduced in a special Monday morning meeting to the Town Council and will go to a public hearing at the board's Aug. 21 meeting.

If approved at that meeting, the ordinance would go into effect immediately.

The ordinance was written by Town Attorney Eric Bernstein using state Attorney General's Office requirements on how local curfews are implemented and enforced with input from the Sussex County Prosecutor's Office and recommendations from Police Chief Steve VanNieuwland.

On July 17, the council discussed the draft ordinance and heard from the chief who had numbers from this summer to back up citizens' complaints about encounters with juveniles in public and some private buildings, as well as roaming streets and congregating in parking lots even in early morning hours.

"I believe this is going to stop the escalation, the seriousness of incidents," VanNieuwland said that night. "Right now, there are no consequences until it spirals out of control."

The curfew is proposed to be from 10 p.m. to 6 a.m., unless the juvenile is accompanied by an adult and that person cannot be an older sibling. Violations are punishable by up to a $1,000 fine and a mandatory sentence of community service, a requirement by the state.

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Under the measure, police may even cite parents or guardians of juveniles found in violation of the curfew. That adult will also appear before a Family Court judge who is empowered to sentence the parent or guardian and the juvenile to joint-community service.

The curfew applies to any public place as well as "establishments" in the town and is for any juvenile "remaining idle, loitering, wandering, strolling, or remaining in or upon" any public place or establishment or in or on a parked motor vehicle at any public place or establishment.

The proposal incorporates current police procedures which include "curbside warnings" to juveniles found out at night. Should a second or subsequent encounters occur, a "stationhouse adjustment" is done, with the officer meeting with the juvenile and parent/guardian in a formal meeting at police headquarters.

The sentence of community service comes into play on a third or subsequent violation and the juvenile and adult are ordered to appear before a Family Court judge. The ordinance also includes language which allows for a continuation of violations over successive days to be considered as separate offenses.

The ordinance also makes it unlawful for any owner or employee of any establishment "to knowingly permit, allow, or encourage a juvenile" to be on those premises during curfew hours.

Exceptions included in the ordinance allow for juveniles engaged in "employment activity" or going directly to a job; out on an errand for a medical emergency; or attending extracurricular school or religious or community-based organization activity.

What led to the curfew?

At several council meetings this year, residents have spoken of encounters with kids on the street and even wandering the halls of apartment buildings as well as being accosted by youths in parking lots.

During the July discussion, the chief presented numbers which showed there were just four juvenile complaints along with one curbside and seven stationhouse adjustments in 2021. The curbside and stationhouse numbers went to 43 and 29 respectively last year.

This year, up until the July meeting two weeks ago, there had been 16 each for curbside warnings and stationhouse meetings with a total of 107 juvenile "incidents."

"I'm sorry to be sitting here, discussing a 'curfew,'" he explained. "However, this (ordinance) is a tool, to be applied as needed."

The ordinance as introduced allows property owners to give written permission to the police to enforce the curfew on their property.

The Aug. 21 meeting begins at 7 p.m. and will be available via Zoom with internet attendees able to make public statements.

This article originally appeared on New Jersey Herald: Newton NJ curfew plan moves forward. Here are the details