CHAPTER 131: CURFEW
Section
   131.01   Definitions
   131.02   Restrictions for minors under the age of 16
   131.03   Exceptions
   131.04   Responsibility of adult
   131.05   Aiding and abetting by adult
   131.06   Refusal to take custody of minor
   131.07   Enforcement
 
   131.99   Penalty
§ 131.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CORPORATION. Any corporation, company or other incorporated business organization including a limited liability company.
   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.
   FIRM. Any partnership, association or other unincorporated business organization.
   MINOR. Any person who has not reached his or her eighteenth 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.
   TOWN. The Town of Coats, North Carolina.
(Ord. passed 8-12-2004)
§ 131.02 RESTRICTIONS FOR MINORS UNDER THE AGE OF 16.
   It is unlawful for any minor who has not reached his or her sixteenth birthday to be in or upon or remain in or upon any public place as defined in § 131.01 within the town or on any property or right-of-way belonging to the town and located outside the corporate limits of the town 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 days on Sunday, Monday, Tuesday, Wednesday or Thursday.
(Ord. passed 8-12-2004) Penalty, see § 131.99
§ 131.03 EXCEPTIONS.
   The restrictions provided by § 131.02 shall not apply to any minor who is:
   (A)   Accompanied by the minor’s parent or guardian.
   (B)   On an errand at the direction of the minor’s parent or guardian, without any detour or stop.
   (C)   In a motor vehicle involved in interstate travel.
   (D)   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
   (E)   Involved in an emergency.
   (F)   On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence.
   (G)   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor.
   (H)   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.
   (I)   Married or had been married or had disabilities of minority removed in accordance with state law.
§ 131.04 RESPONSIBILITY OF ADULT.
   It is unlawful for any custodian to allow or permit any minor to he in or upon, or remain in or upon a public place within the town or on any property or right-of-way belonging to the town and located outside the corporate limits of the town, within the curfew hours set by § 131.02, except as provided in § 131.03.
(Ord. passed 8-12-2004) Penalty, see § 131.99
§ 131.05 AIDING AND ABETTING BY ADULT.
   It shall be a violation of this chapter for any person over the age of 18 to aid or abet a minor in the violation of § 131.02.
(Ord. passed 8-12-2004)
§ 131.06 REFUSAL TO TAKE CUSTODY OF MINOR.
   If the custodian of a minor found to be in violation of this chapter refuses to take custody of the minor, the officer having custody of the minor child shall contact County Department of Social Services and release the minor to the Agency, pending further investigation by the Police Department and the Department of Social Services. The custodian may be issued a criminal citation charging him or her with a violation of this chapter.
(Ord. passed 8-12-2004)
Loading...