Citation for Having an Unattended Child

My question involves business law in the state of: NJ

Police gave me a ticket for Violation of Contract at entertainment center.

The story is : my child turned around the corner, and I could not find him for one hour.

I spent one hour walking and searching for him in every room. The entertainment center has four floors with 4-5 rooms on each floor with activities. Going through all floors and room is about a mile distance.

The policeman asked me if I'm looking for a child, I said yes. My child was at the entrance security area, sitting behind standing table (tall table, so I could not see him from 10 yards distance - closest as I was passing that area [twice]).

I made two rounds through all rooms and floors, and was doing 3rd when that policeman asked me...

The entertainment center ticket had a line on the back, that children should be supervised at all times. As such - the violation ticket I got was Violation of Contract.

Policeman said my child was requiring attention from the staff.

Our relationship with my child is good. My child was overexcited and coming out of flu virus (on Father's day), so he was not attentive.

I don't feel I should be given a violation ticket. Please, provide your comments.

Also, I'm calling the court with long wait time and I still don't know what's the fine - if you can guess that, please, provide your opinion ...

Thanks!

It was not your child's job to be attentive. It was yours.

The child was outside of your supervision long enough for him to go around a corner without your seeing him.

I cannot imagine why you think you don't deserve the ticket.

My child was about 7 yards ahead of me, before turning around the corner. It was two rooms around the corner, with less than 7 yards to them each.
My child entered dark long room and then returned to the entrance (as explained after we met).
I entered another room and then started on 2nd room from the exit of 2nd room. I don't know if you need these details...

Would the judge likely think the same way you do in this case ?
Thanks

What is the actual charge on the citation. Please provide the actual statute number.

The judge is likely to think, as I do, that your child should not have been seven yards ahead of you, but right beside you. Preferably holding your hand.

To : Mr. Knowitall
statue, regulation or ordinance #: 7.2.2.13a

Hi.
The ticket can not be paid (I finally got my call answered by JC court system).
I have to go to court in 10 days.

Please, help me to understand this situation (see original post for details).

Also, the lawyer I got assigned thru legal plan doesn't respond (4 days - calling him every day and talking to secretary).

So, I'm a bit worried. The policeman told me the ticket will produce no record and I can pay it not going to court.

How old is the child? (The seven yards might make a difference if the child is 13 vs being six).

Agreed, but if the child were 13 I doubt the ticket would have been issued in the first place.

Quote:

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Quoting morkovka

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To : Mr. Knowitall
statue, regulation or ordinance #: 7.2.2.13a

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That's not a New Jersey statute number, and that's not a Jersey City ordinance number. Try again.

the child is 4.5
Thanks

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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

Look at the statutes and ordinances, previously linked, and find the correct citation.

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.

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

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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.

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.

Quote:

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Quoting NJAC Sec. 7:2-2.13 Posted signs; issued permits; verbal instructions

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(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.

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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.

Thanks a lot, Mr. Knowitall - and everybody else who responded or at least read.

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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.

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.

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....

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.

Quote:

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Quoting HRinDEVON

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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....

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The child wasn't 17, the child was 4 and a half. Huge difference.

court date adjourned to 8/27/15. Nobody notified me. I spoke with the judge - he referred me to prosecutor may want to close the case. I spoke with the prosecutor - no closure of the case. I wish I could provide some more meaningful info to the forum here.

It was a trial today. The judge said to my argument about lack of notice, - if I want notice, it would be posters in neon lights with sections of the law everywhere.
He said I'm guilty and have to pay the fine and court expenses.

The officer was present in court. As to the events in entertainment center, - he arrived late, about 15 minutes before meeting me, and did not participate in search for my kid and did not participate in conversations with me on that date (6/21). He was 2nd officer on premises and the one who gave me the ticket (for so called violation). 1st officer which I spoke to on 6/21 most, was not present. 1st office was the one who spent most time searching for me, to connect to my kid.

I presented photos of the premises and underscored that the back of entertainment center ticket was only place where you can get the contractual rules from (not from posters, no verbal announcements, no mentioning by clerk when you buy admission ticket). And you get "rules" after you acquire the membership and when you're reading it on premises (30 seconds), you are already in violation, since while reading you are not watching your child.

I also tried to explain the details to the judge when the separation happened (me and my kid - 3.5 seconds for me to reach the corner). The judge said it's irrelevant to the ticket (violation).


I still feel something is not right about this violation, and the story. When airplanes fall due to technical reasons, any surviving pilot will be presented with violation of delivery of the passengers ?

Would it make sense to appeal this decision and have a trial with the jury?
Thanks.

You're guilty. You've been guilty from the first page. If you're careless and irresponsible enough to let a four year old child get more than 20 feet ahead of you to the point where you HAVE to conduct a search, you deserve what you get.

The fact that you do not understand this bothers me.

It absolutely boggles the imagination that someone thinks they need notice and to be told to WATCH THEIR 4 YEAR OLD CHILD.

In this day when child predators and murderers hang out in these types of places, I suppose if something happened to your child because of your CLEAR CUT NEGLIGENCE, you still wouldn't see it, right.

You are guilty as sin. You don't have a legal excuse for not watching your child.

to "cbg",
I appreciate your input, except no reference to statue # (law) or precedent, which would make your position clearer.

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to "CourtClerk",
I appreciate your opinion, please, define "CLEAR CUT NEGLIGENCE" (in your post) with references to statues.
Thanks

Read your citation. That will tell you what statute you are found guilty under.

It absolutely boggles the mind that you do not understand what you did that was wrong. If you truly do not understand how it is negligent for you not to be holding onto a child of four in a crowd of people, and that letting a child of four getting so far ahead of you that you cannot see him, is wrong, then quite frankly you do not deserve to be a parent.

Signed, parent of two and former elementary school teacher.