(A) The purpose of this section shall be to establish a curfew for minors in the Town of Fairmont, thus promoting the health, safety and welfare of both minors and adults in the town by creating an environment offering protection and security for all concerned.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADOLESCENT MINOR. A minor as defined herein who has reached his or her sixteenth birthday, but has not reached his or her eighteenth birthday.
GUARDIAN. One who legally has the care and management of the person defined as a minor by this section.
JUVENILE MINOR. A minor as defined herein who has not reached his or her sixteenth birthday.
MINOR. A 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. MINOR shall include juvenile minors and adolescent minors.
PUBLIC PLACE. Areas such as, but not limited to, all common areas open to all for common use; alleys, streets, public areas, highways, parks; establishments open to the public for the conduct of business.
(C) This section does not apply to a minor who is:
(1) Accompanied by the minor’s parent or guardian;
(2) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(3) Involved in an emergency;
(4) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the town, 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, and official school, religious or other recreational activity supervised by adults and sponsored by the town, a civic organization or another similar entity that takes responsibility for the minor; or
(5) Married or had been married or had disabilities of minority removed in accordance with state law.
(D) A curfew applicable to minors is established and shall be enforced as follows:
(1) Time limits. It is unlawful for any juvenile minor to be or remain upon any public place as defined in this chapter in the town between 11:00 p.m. and 6:00 a.m. on Monday through Sunday. It shall be unlawful for any adolescent minor to be or remain upon any public place as defined in this chapter in the town between midnight and 6:00 a.m. on Monday through Sunday.
(2) Exceptions. The restrictions provided by division (C)(1) above shall not apply to any minor who is accompanied by a guardian or other person charged with the care and custody of a minor, nor shall the restriction apply to any minor who is traveling between his or her home or place of employment, church, municipal building or school where a function is being held.
(3) Responsibility of adults. It is unlawful for any parent, guardian or other person charged with the care and custody of any minor to allow or permit a minor to be in or upon a public place within the town within the curfew hours set by division (C)(1) except as otherwise provided in division (C)(2).
(4) Responsibility of business establishments. It is unlawful for any person, firm or corporation operating a place of business or amusement to allow or permit any minor to remain in or upon any place of business or amusement operated by them within the curfew hours set by division (C)(1), except as otherwise provided in division (C)(2).
(5) Enforcement.
(a) When a minor is found to be in violation of this section, the officer will check the curfew file located at the Police Department in the dispatcher’s office to see if the juvenile is a first offender. If the juvenile is a first offender, he or she will be taken to the residence of his or her parent or guardian. A written warning will be given to that adult and an information report will be taken by the officer to include the name of the juvenile and adult, the time, date and location of the offense. This report will be kept in the curfew policy file and a copy of the report will be forwarded to the town’s juvenile detective.
(b) If, upon checking the curfew policy file, the juvenile is found to be a repeat offender, he or she will be taken to the residence of his or her parent or guardian and the adult will be subject to a criminal citation pursuant to division (C)(6) of this section. A report will be turned in to the curfew policy file and a copy forwarded to the town’s juvenile detective.
(c) If the juvenile is under 12 years of age, a report will be made and a copy forwarded to the Robeson County Department of Social Services.
(6) Aiding and abetting by adult or guardian. It shall be a violation of this section for an adult, guardian or parent to allow, permit, encourage, aid or abet a minor in the violation of division (C)(1) of this section except otherwise provided in division (C)(2).
(7) Refusal of guardian or parent to take custody of a minor. If any guardian or parent refuses to take custody of his or her minor found in violation of this section, the officer(s) with custody of the minor shall contact the Robeson County Department of Social Services and release the minor to that agency, pending further investigation by the Police Department and the Department of Social Services. The adult will be subject to criminal citation pursuant to division (C)(6) of this section.
(1988 Code, § 13-54) (Am. Ord. 06-104, passed 11-21-2006) Penalty, see § 132.99