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Citation for Having an Unattended Child

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  • 07-13-2015, 07:45 AM
    morkovka
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    the child is 4.5
    Thanks

    - - - Updated - - -

    To : Mr. Knowitall
    it's hand-written.
    ordinance #: 7.2.2.13a is the best guess. It may be 7:2.2.13a or 1:2.2.13a.
    I'll try to call JC court today again to find out ordinance #, if possible, - by ticket #.

    Thanks
  • 07-13-2015, 07:48 AM
    Mr. Knowitall
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    Look at the statutes and ordinances, previously linked, and find the correct citation.
  • 07-13-2015, 05:26 PM
    morkovka
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    The ticket was issued by park police.
    So I think the statute or ordinance is from N.J.A.C. 7:2 STATE PARK SERVICE CODE
    I guess it's 7:2-2.13 "Posted signs; issued permits; verbal instructions"

    Any comments so far please?
    I'll keep searching.
  • 07-23-2015, 06:35 AM
    morkovka
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    If assumed the ticket was for 7:2-2.13 "Posted signs; issued permits; verbal instructions",
    what should be my strategy in court (7/24/15)?
    Thanks

    - - - Updated - - -

    Hi.
    Since no updates, looks like what's been posted by cbg is the only explanation for this particular ticket (see first post for details).
    I have not gotten any advise on my options in this situation.
    Accepting that I'm guilty for searching for my kid for 1 hour seems awkward.
  • 07-23-2015, 06:56 AM
    cbg
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    The problem is not with your searching for the child. The problem is with the fact that you needed to search for him in the first place. It is unbelievable that you do not see a problem with a four year old being allowed to get twenty feet or more in front of you.
  • 07-23-2015, 11:40 AM
    Mr. Knowitall
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    Quote:

    Quoting NJAC Sec. 7:2-2.13 Posted signs; issued permits; verbal instructions
    (a) A person shall not make use of the lands, waters, conveniences and facilities under the jurisdiction of the State Park Service contrary to posted signs, issued permits, leases or contracts, and written or verbal instructions.

    (b) A person shall not enter designated restricted areas declared or posted "closed," "keep-out," "restricted area" or other verbal or posted warning.

    This appears to be an administrative penalty, payable as a civil fine. If you wish to contest the ticket, odds are the procedure for doing so is described on the ticket or on an accompanying document.

    As we're apparently talking about a state park facility, odds are the rules requiring that children be accompanied by an adult at all times are spelled out in more places than simply on the back of the ticket. If in fact they are not, and you don't see the ticket until after you pay, you may be able to attempt to use lack of notice of that condition as a defense to the ticket.
  • 07-23-2015, 02:20 PM
    morkovka
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    Thanks a lot, Mr. Knowitall - and everybody else who responded or at least read.

    - - - Updated - - -

    Issued by police ticket says (checkmark):
    "
    Probable cause determination for issuance of process:
    The complaining witness is a law enforcement officer... with territorial ... jurisdiction and a probable cause determination is not required prior to the issuance of this Complaint.
    You are hereby summoned to appear before this court to answer this complaint
    "
    The officer told me I should call and I'll be instructed how to pay. I called the court system as instructed by officer, and the rep told me I have to show up in court in person. Where do I pay this civil fine - on the day I show up in court - ?

    One more detail, - I was explaining my situation to officer #1 before the ticket was issued. Then at some point, officer #2 issued a ticket to me, without hearing all my explanations. He (#2) did it in "emotional" way. Can I exploit "emotional" component? Just a guess officer can not approach this issues (law) with "emotional" component.
  • 07-23-2015, 04:22 PM
    Mr. Knowitall
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    You were told by the officer to show up in court, and presumably received instruction on when and where to show up. You can investigate to see what information that court offers online about this type of offense and penalty; but there's a good chance that you'll have a difficult time finding specifics without first going to court.

    I don't know what you mean by "He did it in 'emotional' way". I can't see how that would be relevant -- you either committed the offense or you didn't, and the officer's alleged emotional state has no bearing.
  • 07-23-2015, 05:11 PM
    HRinDEVON
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    I'm not so sure that a mere fine print instruction on the back of a ticket constitutes notice of a rule..it may or may not.

    A child is anyone under 18 in NJ ..so a 17 year old needs to be under constant supervision at all times ? give me a break!

    Keep your cool and explain it to the judge....
  • 07-24-2015, 02:01 PM
    morkovka
    Re: Police Gave Me a Ticket for Violation of Contract at Entertainment Center
    I was in court this morning.
    The officer did not show up today.
    The prosecutor could not understand details of the charge as written on the ticket. He asked me. I said according to 1st officer (who did not give me a ticket), I violated one of the rules on the back of the entertainment center ticket.
    The judge was looking at statue # details - I quoted Mr.Knowiall post of Yesterday, 10:40 AM - section (a) only.
    The judge started talking about usual parking violations at entertainment center - I said I came on the bicycle (as I did). The judge gave me new court date in 20 days.

    Thanks for all your help.
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