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 any night between the hours of midnight and 5 a.m. the following morning.
(B) Exceptions. The restriction provided by division (A) of this section 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 said 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/her 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; and
(8) 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 division (A) of this section, except as provided in division (B) of this section.
(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 division (A) of this section, except as provided in division (B) of this section.
(E) Enforcement.
(1) When a minor is found to be in violation of this chapter, the officer will determine if the juvenile is a first-time offender. If so, he/she will then be taken to the residence of his/her parent or guardian. A written warning will be given to that adult, and an information report taken by the officer, to include the name of the juvenile and adult, and the time, date and location of the offense. This report will be turned into the Police Department records division.
(2) If, upon checking, the juvenile is found to be a repeat offender, he/she will be taken to the residence of his/her parent or guardian and the adult (parent or guardian) will be subject to a criminal citation. A report will be turned into the Police Department records division.
(3) If the juvenile is under 12 years of age, a report will be made and a copy forwarded to the Northampton County Department of Social Services.
(F) Aiding and abetting by adult, guardian, or parent.
(1) 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 division (A) of this section, except as provided in division (B) of this section.
(2) Action may also be taken pursuant to G.S. 14-316.1, entitled "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 said minor shall follow the procedure set out in the North Carolina Juvenile Code, G.S. Chapter 7B.
(H) Emergency provisions. Under the authority of G.S. 14-288.1, 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 division (A) of this section, 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 18 years 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. Said proclamation may further provide that no parent or guardian of any minor under the age of 18 years 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. Said proclamation shall become effective 30 minutes after being publicly announced by the Mayor for the said period or until rescinded by the Mayor or repealed by the Board of Commissioners 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 around the town.
(I) (1) Punishment. Any adult, guardian or business who violates this chapter may incur a civil penalty to the town of up to $500.
(a) The first violation shall subject the violator to a written warning;
(b) The second violation during a 12-month period shall subject the violator to a $250 penalty; and
(c) The third and any subsequent violation during a 12-month period shall subject the violator to a $500 penalty.
(2) In addition, a violation of this chapter shall constitute a misdemeanor under the laws of North Carolina.
(Ord. passed 8-4-2015)