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(A) Purpose of curfew. The purpose of this section shall be to establish a curfew in the town, regulating the movement of minors, because of the particular vulnerability of children, their inability to make decisions in an informed mature manner, and the importance of the parental role in child rearing. It shall also promote 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) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FUNCTION. Any event, including, but not limited to, activities involving the free exercise of religion, speech, assembly, and activities sponsored by the town, a church, the Johnston County Public Schools, or other nonprofit or community organization.
GUARDIAN. Any person having legal custody of a minor such as:
(a) A natural or adopted parent;
(b) A legal guardian;
(c) A person who stands in loco parentis; or
(d) A person to whom legal custody has been given by the court.
MINOR. A person who had not reached his or her sixteenth birthday and is not married, emancipated, or a member of the armed services of the United States.
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 any store, shop, restaurant, tavern, café, theater, drugstore, poolroom, or other place devoted to amusement or entertainment of the general public.
(C) Curfew established. A curfew applicable to minors is established and shall be enforced as set forth in this section.
(D) Time limits. It is unlawful for any minor to be or remain upon any public place as defined in this section in the town between 10:30 p.m. and 5:30 a.m.
(1) It is a defense to prosecution under division (G) that the minor was:
(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; or
(i) Married or had been married or had disabilities of minority removed in accordance with state law.
(2) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, including any investigation additional to the actions required by this division (E)(2) as a reasonable person would deem necessary, no defense in division (E)(1) is present.
(F) Responsibility of guardian. It is unlawful for any guardian to allow or permit the minor to be in or upon, or remain in or upon a public place within the town within the curfew hours set, except as otherwise provided.
(1) When a minor is found to be in violation of this section, the officer will complete the applicable Juvenile Custody Report. After completing the report, the officer will take the juvenile to the residence of his or her guardian. A written warning shall be issued to the guardian of the minor and a copy of the written warning attached to the Juvenile Custody Report.
(a) The written warning shall describe the action of the minor that constitutes a violation of this section, advise the guardian that if the guardian allows and permits or has allowed and permitted the minor to commit a second or subsequent violation of this section that the guardian shall be subject to criminal prosecution for allowing a violation of this section to occur. The written warning shall also advise the guardian that in all cases in which the minor is under 12 years of age a report will be made to the County Department of Social Services.
(b) A copy of the written warning shall be attached to the Juvenile Custody Report and turned in with the officer’s daily reports, where it will be entered into the Police Department Records System.
(c) The Police Chief or his or her designee shall review all reports on a daily basis. If a Juvenile Custody Report has been filed pertaining to a violation of this section, the Police Chief or his or her designee will examine the appropriate records and determine if the violation is a first offense or if it is a second or subsequent offense.
(2) (a) If upon checking the appropriate records the juvenile is found to be a first offender, the record will be filed and no further action will be taken. If the juvenile is found to have a record of prior violations of this subchapter, the guardian described in division (G)(1) above shall be subject to a criminal citation.
(b) The reporting officer will be notified and the appropriate action will be taken.
(c) A copy of the action shall be added to the appropriate file within the Police Department Records System, serving as a part of the case files for any criminal action.
(3) If the juvenile is under 12 years of age, a report will be made and a copy forwarded to the County Department of Social Services.
(H) Aiding and abetting by adult or guardian. It shall be a violation of this section for any adult or guardian to allow, permit, encourage, aid, or abet a minor in the violation, except as otherwise provided.
(I) Refusal of guardian to take custody of a minor. If any guardian refuses to take custody of his or her minor child found to be in violation of this section, the officers with physical custody of the minor shall contact the 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 guardian will be subject to a criminal citation.
(Ord. 124, passed 6-10-1996) Penalty, see § 130.99