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BOROUGH OF DUMONT v. CARUTH

123 N.J. Super. 331 (1973)

302 A.2d 566

THE BOROUGH OF DUMONT, PLAINTIFF v. BRIAN CARUTH, PAMELA FILIPOWICZ AND JAMES ALIMENA, DEFENDANTS.

Superior Court of New Jersey, Municipal Court, Borough of Dumont.

Decided March 6, 1973.

Attorney(s) appearing for the Case

Mr. Emil S. Cuccio, Acting Borough Prosecutor, for the Borough of Dumont; (Messrs. Calissi, Klinger, Cuccio and Baldino, attorneys); Mr. Emil S. Cuccio on the brief.

Mr. Vincent McCarthy, for defendants Brian Caruth, Pamela Filipowicz and James Alimena; (Bergen County Legal Services Assurance Corporation, attorneys); Mr. Vincent McCarthy on the brief.

PASHMAN, A.J.S.C., Temporarily Assigned.

Defendants were charged by the Borough of Dumont with violating Ordinance #536, Chapter 2-31, in that they were present on June 6, 1972 at 11:06 P.M. in a Borough park located at 15 New Street in Dumont after the 11:00 P.M. curfew.

The ordinance in question adopted rules and regulations regarding the use of Borough parks and the facilities therein. One of the regulations provides that "[n]o person may remain, stay or...

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