(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
CUSTODIAN. Any person over the age of 21 years who is in loco parentis to a minor.
GUARDIAN. Any person other than a parent who has legal guardianship of a minor.
MINOR. Any person under the age of 18.
PARENT. The natural or adoptive parent of a minor.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate areas of the store.
(B) It is unlawful for any minor to remain, wander, stroll, or play in any public place on foot or to cruise about without a set destination in any vehicle in, about, or upon any public place in the town between the hours of 12:00 a.m. and 5:00 a.m. on the days of Friday through Sunday; and between the hours of 11:00 p.m. and 5:00 a.m. on the days of Monday through Thursday unless:
(1) The minor is accompanied by a parent, guardian, custodian, or other adult person having custody or control of such minor;
(2) The minor is on an emergency errand or specific business or activity directed or permitted by his or her parent, guardian, or other adult person having the care and custody of the minor; or
(3) Where the presence of such minor is connected with or required by some legitimate employment, trade, profession, or occupation.
(C) It is unlawful for any person, firm, or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in division (B) above.
(D) It is unlawful for any parent, guardian, custodian, or other adult person having custody or control of any minor to suffer or permit or be inefficient control to allow such person to be on any public place within the town between the hours of curfew designated in division (B) above. The provisions of this section do not apply if:
(1) The minor is accompanied by a parent, guardian, custodian, or other adult person having the care, custody, or control of the minor;
(2) The minor is on an emergency errand or specific business or activity directed by his or her parent, guardian, custodian, or other adult having the care and custody of the minor; or
(3) The parent, guardian, or other adult person herein has made a missing person notification to the Police Department.
(E) The Board of Trustees may permit by resolution or motion procedures for advance notice or registration with the town of special events or functions sponsored by churches, schools, clubs, or other organizations which require minors to be out at a later time. The Board of Trustees may also prescribe the procedures for taking into custody minors found in violation of this section.
(F) A parent, guardian, or custodian, of such minor, may file a written application directed to the Chief of Police of the town who may grant a special exemption of enforcement of the curfew provided by this section being required as to such minor, which exemption shall not exceed five consecutive days, or in the alternative, two days of any week for a period not to exceed 30 days. All requests shall be filed with the Town Clerk/Treasurer.
(G) The Chief of Police shall have the authority to grant or reject any request for an exemption to enforcement of the curfew provided by this section or may reduce the time limit of such exemption. However, any applicant for such exemption, feeling aggrieved by the action of the Chief of Police, may file a request for hearing before the judge of the municipal court of the town who shall summarily hear same, and his or her judgment shall be final.
(H) Any law enforcement officer who shall witness a violation of this section may take such offender into his or her custody to be prosecuted for such violation, or may place the minor in the custody of his or her parents, if feasible, or some responsible person. After signing a promise to appear (a legal agreement) the officer shall contact the county youth services and bring said minor for an intake interview with the required state employee.
(Prior Code, § 10-301) Penalty, see § 10.99