A curfew applicable to minors is established and shall be enforced within the corporate limits of the town as follows:
(A) Time limits. It is unlawful for any minor to be or remain upon any public place as defined in this chapter in the town between 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 10:00 p.m. and 5:00 a.m. of the following morning on Sunday, Monday, Tuesday, Wednesday, or Thursday.
(B) Exceptions. The restrictions provided by this division shall not apply to any minor:
(1) Who is accompanied by a guardian, parent, or other person charged with the care and custody of such minor, or a person over 18 years of age authorized by a parent or guardian to accompany the minor;
(2) Who is traveling between his/her home and place of employment, or between his/her home and church, municipal building (if the municipal building is open for some legitimate business purpose during the hours when this curfew is in effect) or school
where a function is being held;
(3) Who is seeking emergency medical care for himself/herself or some member of his immediate family;
(4) Who is engaged in travel with written parental permission;
(5) Who is engaged in bona fide interstate movement by motor vehicle through town, or beginning or ending in the town;
(6) Who is engaged in situations in which a minor is outdoors but attending activities involving the First Amendment free exercise of religion, freedom of speech, or the right of assembly;
(7) Who is engaged in travel in instances of reasonable necessity if the minor possesses a written statement signed by the parent which describes the minor, states the facts establishing such reasonable necessity, specifies the streets, the time and the origin and destination of travel;
(8) Who is engaged in situations in which a minor is on a sidewalk of the place where the minor resides, or on the sidewalk of a next-door neighbor not congregating outdoors on another person's private property with the express permission of the owner or other person in lawful control of the property;
(9) Who is engaged in travel by a direct route, between a minor's place of residence and a school, religious, recreational, entertainment, or any other organized community activity, including activities involving the free exercise of religion, speech or assembly.
(C) Responsibility of adults. It shall be unlawful for any parent, guardian, or other persons charged with the care and custody of any minor to knowingly allow or permit such minor to be in or upon, or remain in or upon a public place within the town within the curfew hours set out in § 101.03(A), except as otherwise provided in § 101.03(B).
(D) Responsibility of business establishments. It shall be unlawful for any person, firm, or corporation operating a place of business (including a place of amusement) to knowingly allow or permit any minor to be in or upon, or to remain in or upon, any place of business (including a place of amusement) operated by them within the curfew hours set out by § 101.03(A), except as otherwise provided in § 101.03(B).
(E) Enforcement.
(1) When a minor is found to be in violation of this section, the officer will determine if the juvenile is a first time offender; if so, he or she will then be taken to the Police Department or the residence of his or her parent or guardian. A written warning will be given to that parent or guardian. An information report shall be taken by the officer, to include the name and address of the juvenile and parent or guardian and the time, date and location of the offense. This report will be filed in the Police Department records division. The report shall be confidential and shall be subject to disclosure only pursuant to an order of a court of competent jurisdiction.
(2) (a) If, upon investigation, the juvenile is found to be a repeat offender, he or she will be taken to the Police Department or to the residence of his or her parent or guardian and the adult, parent or guardian, will be given a written warning for a second violation, pursuant to § 101.03. A report will be filed in the Police Department and entered into the Police Department records division and shall contain the same information and be subject to the same confidentiality provisions as set forth herein.
(b) If, upon further investigation, the juvenile is found to be a repeat offender for the third time, he or she will be taken to the Police Department or to the residence of his or her parent or guardian and the adult, parent or guardian, will be subject to a criminal citation, pursuant to § 101.03. A report will be filed in the Police Department and entered into the Police Department records division and shall contain the same information and be subject to the same confidentiality provisions as set forth herein.
(3) If the juvenile is under 12 years of age, a report will be made and a copy forwarded to the Pitt County Department of Social Services.
(F) Aiding and abetting by adult, guardian or parent. It shall be a violation of this chapter for an adult, guardian or parent to allow, permit, encourage, aid or abet a minor in the violation of § 101.03(A), except as otherwise provided in § 101.03(B). Action may also be taken pursuant to G.S. § 14-316.1, contributing to delinquency and neglect by parents and others.
(G) Refusal of guardian or parent to take custody of a minor. If any guardian or parent refuses to take custody of his/her minor child found in violation of this chapter, the officer with custody of the minor shall follow the procedure set out in the North Carolina Juvenile Code, G.S. 7B-100 et seq.
(H) Emergency provisions. Under the authority of G.S. § 14-288.12, whenever the Mayor of the town deems that an emergency exists, and there is a clear and present danger to the preservation of the public peace, health, life, or safety or to public or private property in the town necessitating expansion of the curfew provisions set forth in § 101.03(A) the Mayor may effect such expansion effective for the period of the emergency by proclamation. The proclamation shall contain a statement of the reasons for such necessity, the period of the expanded curfew, and provide that no minor under the age of 16 shall be upon or about or remain upon or about public places as defined by this chapter in the town between the hours of 8:00 p.m. and 5:00 a.m. of the following morning unless accompanied by his/her parent, guardian, or responsible adult. The proclamation may further provide that no parent or guardian of any minor under the age of 16 shall allow the child to be upon or about or remain upon or about any public place as defined by this chapter in the town between the hours of 8:00 p.m. and 5:00 a.m. of the following morning unless the child is under direction or protection of some adult person with authority and consent of such parent or guardian for his/her being there. The proclamation shall become effective 30 minutes after being publicly announced by the Mayor for the period, or until rescinded by the Mayor or repealed by Council in the manner in which ordinances are repealed. As soon as is reasonably possible, the proclamation shall be published and reported in the local media and posted conspicuously amount the town.
(Ord. 94-95-01, passed 7-11-94; Am. Ord. 06-07-04, passed 7-10-06) Penalty, see § 101.99