(A) This section shall be known as the “Marlinton Curfew Ordinance”.
(B) The Town Council finds that there exists within the town a problem with children under the age of 18 years remaining on the streets of the town at late hours. Such children are apt to do acts of vandalism or other mischief or are open to harm from other persons in the general public. The Town Council finds that public policy requires the town to enact an ordinance providing for the protection of such children from others and to protect the general public from harm done by certain children. The Town Council finds that a curfew ordinance limiting the time children may remain on the streets to be one step towards such protection and to be consistent with public policy.
(C) From and after the effective date of this section, a curfew shall be placed on the town from the hours of 11:00 p.m. to 6:00 a.m. during which time no person under the age of 18 years shall be allowed to remain in any public place in the town. Exceptions for the foregoing include:
(1) Children accompanied by their parents or other person having legal custody of them;
(2) Children on an emergency errand;
(3) Children returning from a church, school, athletic or other recreational activity authorized by the parents of such children or by such other persons having legal custody of the children; however, such children must not remain in any public place longer than one-half hour after the termination of such authorized activity; and
(4) Children engaged in any lawful employment, trade, occupation or profession.
(D) Sponsors of events in the town which terminate after the hour of 10:30 p.m. must so inform the Mayor’s office or the town’s Police Department of such activity and the hour of termination.
(E) Whenever a child under the age of 18 shall be found in the town in a public place after the hour of 11:00 p.m. and before the hour of 6:00 a.m., the police shall confront the child for the purpose of obtaining his or her name, age, address and name or names of the child’s parent or parents or other persons having legal custody of him or her. The police may then take such child to his or her home but under no circumstances shall such child be taken to the county jail. If the police have probable cause to believe that the child has committed a violation of the criminal law of the state or the town, they shall, in addition to taking said child home, contact the Department of Human Services and the prosecuting attorney’s office on the following day to determine the suitability of filing a juvenile petition in circuit court. Such parents or others having legal custody of said child shall then be notified by certified mail of such a violation of this section and that any further violation could result in fine or imprisonment or both.
(F) If the parents of the child are not at home, when the police are taking a child home for a violation of the curfew imposed by this section, the police may detain the child until such parents or other persons having legal custody over the child or such other persons willing to assume responsibility for the child can be found.
(Ord. passed 4-17-1984) Penalty, see § 132.99