CHAPTER 33: CURFEW FOR MINORS
Section
   33.01   Definitions
   33.02   Time limits
   33.03   Exceptions
   33.04   Responsibility of adults
   33.05   Responsibility of business establishment
   33.06   Enforcement
   33.07   Aiding and abetting by adult, guardian, or parent
   33.08   Refusal of custodian to take custody of a minor
   33.99   Penalty
§ 33.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "CUSTODIAN." A parent, guardian, step-parent, foster parent, house parent, or other person legally responsible for the care and custody of a minor as defined by this chapter.
   "MINOR." Any person who has not reached his/her sixteenth birthday and is not married, emancipated, or a member of the armed services of the United States.
   "PUBLIC PLACE." Any place which is generally open to and used by the public, whether it be publicly or privately owned, including but not limited to streets, highways, public vehicular areas, places of business and amusement parks, and other common areas open to the public.
(Ord. 94-26, passed 11-7-94)
§ 33.02 TIME LIMITS.
   It is unlawful for any minor to be or remain upon any public place as defined in § 33.01 within the city or on any property or right-of-way belonging to the city and located outside the corporate limits of the city between the hours of midnight Friday and 5:00 a.m. on Saturday or between midnight Saturday and 5:00 a.m. on Sunday or between the hours of 11:00 p.m. and 5:00 a.m. of the following mornings on Sunday, Monday, Tuesday, Wednesday, or Thursday.
(Ord. 94-26, passed 11-7-94) Penalty, see § 33.99
§ 33.03 EXCEPTIONS.
   The restrictions provided by § 33.02 shall not apply to any minor who is:
   (A)   Accompanied by his custodian as defined in § 33.01;
   (B)   Accompanied by a responsible person over the age of 18 years of age who has the written permission of the minor's custodian to have the minor under his supervision;
   (C)   Traveling in connection with his employment, religious activity, or
attendance at a function sponsored by the city or a school;
   (D)   Temporarily within the city or on city property while engaged in interstate travels; or
   (E)   Attempting to obtain assistance in a medical emergency.
(Ord. 94-26, passed 11-7-94)
§ 33.04 RESPONSIBILITY OF ADULTS.
It is unlawful for any custodian to allow or permit any minor to be in or upon, or remain in or upon a public place within the city or on any property or right-of-way belonging to the city and located outside the corporate limits of the city, within the curfew hours set by § 33.02, except as provided in § 33.03. A violation of this section is punishable as a misdemeanor.
(Ord. 94-26, passed 11-7-94) (Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
§ 33.05 RESPONSIBILITY OF BUSINESS ESTABLISHMENT.
It is unlawful for any person, firm, or corporation operating a place of business or amusement to allow or permit any minor to be in or upon, or to remain in or upon the premises of such place of business of amusement within the curfew hours set by § 33.02, except as provided in § 33.03. A violation of this section is punishable as a misdemeanor.
(Ord. 94-26, passed 11-7-94) (Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
§ 33.06 ENFORCEMENT.
   (A)   When a minor is found to be in violation of this chapter, a police officer will by telephone, check with the communication center of the City Police Department to determine if the minor is a first offender. If the minor is a first time offender he or she will be take to the residence of his or her custodian. A written warning will be given to the custodian and an information report will be taken by the officer. The report shall include the name of the minor and the custodian, the time, date, and location of the offense. This report will be turned into the Police Department Records Division.
   (B)   If, upon checking with the communications center, the minor is found to beta repeat offender, he or she will be taken to the residence of his or her custodian and the custodian may be issued a criminal citation charging him with a violation of this chapter. A report will be turned in to communications center and entered into the Police Department Records Division.
   (C)   If the minor is found to be a repeat offender, the minor may be treated as a delinquent juvenile.
   (D)   If the minor is under 12 years of age, a report will be made and a copy forwarded to the Stanly County Department of Social Services.
(Ord. 94-26, passed 11-7-94)
§ 33.07 AIDING AND ABETTING BY ADULT, GUARDIAN, OR PARENT.
   It shall be a violation of this chapter for any person over 18 years of age to aid or abet a minor in the violation of § 33.02.
(Ord. 94-26, passed 11-7-94) Penalty, see § 33.99
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