(A) The purpose of this chapter is to protect young persons from victimization and exposure to criminal activity by establishing a curfew for persons under the age of 18 years in the city. This chapter is intended to promote the health, safety and welfare of both youths and adults by creating an environment providing better protection and security for all concerned. The purpose is also to define the duties of parents or guardians and operators of business establishments and protect minors from improper influences and criminal activity that occurs after the curfew hour.
(B) The Board of Commissioners of the town is authorized by G.S. § 160A-198 to impose a curfew on persons of any age less than 18.
(Ord. passed 2-8-2012)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ESTABLISHMENT. Any privately owned place of business operated to which the public has access or is invited including, but not limited to, any place of amusement or entertainment.
GUARDIAN. A person who is court-appointed to be the guardian of a person under 18 or such other adult as may be head of the household in which the youth dwells.
OWNER/OPERATOR. Any individual, firm, association, partnership or corporation, operating, managing or conducting any establishment, including the employees, members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is a natural parent, adoptive parent, foster parent or step-parent of another person, or a person to whom legal custody had been given by court order, or such person who is acting in loco parentis.
PUBLIC PLACE. Any place that is generally open to and used by the public or a substantial group of the public, whether it be publicly or privately owned, including, but not limited to, streets, highways, alleys, rights-of-way, public vehicular areas and parking lots, transportation facilities, shops, restaurants, convenience stores, schools and school grounds, places of business and amusement, playgrounds, parks church grounds, similar areas that are open to the public and other common areas open to or accessible to the public.
REMAIN. To linger or stay in a public place, or fail to leave the premises when requested to do so by a police officer or the operator of an establishment.
RESTRICTED HOURS. The time of night referred to herein is based upon the prevailing standard of time, whether eastern standard time or eastern daylight savings time, generally observed at that hour by the public in the city. RESTRICTED HOURS will mean 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, until 7:00 a.m. of the following day.
YOUTH. Any person under the age of 18 years who is not married or been emancipated.
(Ord. passed 2-8-2012)
(A) Time limits. It is unlawful for any youth under the age of 18 years to be or remain upon any public place or establishment within the town between the hours of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday until 7:00 a.m. of the following day.
(B) Out-of-school suspension time limit. It is unlawful for any youth who has been suspended from school or has failed to attend school for any reason during regular school hours, who is not in the company of a parent or guardian, to be or remain upon any establishment or public place in the city between the hours of 7:30 a.m. and 3:30 p.m. on any school day.
(C) Parent or guardian in violation. A parent or guardian of a youth shall be in violation of this section if he or she knowingly permits, and/or by inadequate supervision, allows the youth to remain on the premises of any establishment or in any public place within the city during the restricted hours. The term KNOWINGLY includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a youth in that parent’s legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such youth.
(D) Owners, operator or any employee in violation. The owners, operator or any employee of an establishment shall be in violation to this section if he or she knowingly allows a youth to remain upon the premises of the establishment during the restricted hours. The term KNOWINGLY includes knowledge that an operator or employer should reasonably be expected to have concerning the patrons of an establishment.
(E) Abetting. It shall be a violation of this section for any person 18 years or older to aid or abet a youth in the violation of division (A) above.
(F) Custody. It shall be a violation of this section for a parent or guardian of a youth to refuse to take custody of the youth during the restricted hours.
(Ord. passed 2-8-2012) Penalty, see § 134.99
A youth shall not be in violation of this section if the youth is:
(A) Accompanied by his or her parent or guardian;
(B) Accompanied by an adult 18 years of age of older authorized by the parent or guardian of such youth to take the parent’s or guardian’s place in accompanying the youth for a designated period of time and purpose within an area specified by the youth’s parents or guardian;
(C) On the property of his or her parents or guardian;
(D) Engaged in a lawful employment activity or using a direct route to or from a place of employment;
(E) In a motor vehicle with parental consent;
(F) Traveling in a motor vehicle with a parent or guardian or traveling in a motor vehicle with an adult 18 years of age or older authorized by the parent or guardian of such youth to take the parent or guardian’s place in accompanying the youth for a designated period in time and purpose within a specified area;
(G) Reacting or responding to an emergency;
(H) Attending or traveling to or from, by direct route, an official school, religious or recreational activity that is supervised by adults and sponsored by a public or private school, the town or other governmental entity, a civic organization or other similar entity that accepts responsibility for the youth; and/or
(I) Married or emancipated.
(Ord. passed 2-8-2012)
(A) If a police officer reasonably believes that a youth is in a public place in violation of the chapter the officer shall notify the youth that he or she is in violation of the chapter and shall require the youth to provide his or her name, address and telephone number and how to contact his or her parent or guardian. In determining the age of the youth and in the absence of convincing evidence such as a birth certificate, a police officer shall, in the first instance of violation of the chapter, use his or her best judgment in determining age.
(B) The police officer shall issue the youth a written warning that the youth is in violation of the chapter and order the youth to go promptly home. The Chief of Police shall send the parent or guardian of the youth written notice of the violation by certified mail with a warning that any subsequent violation will result in full enforcement of the chapter, including enforcement or parental responsibility and of applicable penalties.
(C) Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a youth under appropriate circumstances; for example, a youth of tender age, near home, whose identity and address may readily be ascertained or are known.
(D) (1) Notwithstanding the foregoing, the following procedure shall then be to take the youth to the police station where a parent or guardian shall immediately be notified to come for the youth whereupon the parent or guardian and the youth shall be questioned when:
(a) A youth has received one previous written warning for violation of this section; or
(b) A police officer has reasonable grounds to believe that the youth has engaged in delinquent conduct.
(2) This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the person designated there and then on duty for an accurate, effective, fair, impartial and uniform enforcement, and recording, thus, making available experienced personnel and access to information and records.
(E) When a parent or guardian, immediately called, has come to take charge of the youth, and the appropriate information has been recorded, the youth shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the youth, then the youth shall be released to the youth authorities, except to the extent that in accordance with police regulations, approved in advance by youth authorities, the youth may temporarily be entrusted to an adult, neighbor or other person who will on behalf of a parent or guardian assume the responsibility of caring for a youth pending the availability or arrival of a parent or guardian.
(F) For the first violation of the chapter by an operator of an establishment who permits a youth to remain on the premises, a police officer shall issue a written notice of the violation with a warning that any subsequent violation will result in full enforcement of the chapter, including enforcement of operator responsibility and of applicable penalties.
(Ord. passed 2-8-2012) Penalty, see § 134.99
(A) A youth who violates any provision of this chapter is subject to being adjudicated delinquent. The court may, in its discretion, impose any dispositional alternative(s) that are provided in the state youth code for any youth who is delinquent.
(B) Any person other than a youth who violates any provision of this section may be guilty of a misdemeanor and may be subject to a fine not to exceed $100 for the first offense, and for each subsequent offense the fine shall be increased by an additional $150. For example, for the second offense the fine shall be $250, for the third offense, $400, and imprisonment in the discretion of the court in accordance with G.S. § 14-4.
(Ord. passed 2-8-2012)