(A) The purpose of this section shall be to establish a curfew for minors in the city, thus assisting the parents and guardians of minors in the ever-increasing difficult task of child-rearing and to promote the health, safety and welfare of both minors and adults in the city 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.
CITY. The corporate limits of the City of Oxford, North Carolina.
GUARDIAN. A person who has the legal care and management of a minor as defined by this section, which shall include the term PARENT.
MINOR. A person who has not reached his or her sixteenth birthday and is not married, emancipated or a member of the armed services of the United States.
OFFICER. Any sworn law enforcement official employed by the city and having authority to enforce laws of the city.
POLICE DEPARTMENT. The City of Oxford Police Department.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, parking lot or place to which the general public has access and a right to go for business, entertainment or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front of immediate area of the above.
(C) A curfew applicable to minors is established and shall be enforced within the corporate limits of the city as follows.
(1) It is unlawful for any minor to be or remain upon any public place as defined in this section in the city between midnight Friday and 5:00 a.m. on Saturday, or between midnight Saturday and 5:00 a.m. on Sunday, or between the hours of 11:00 p.m. and 5:00 a.m. of the following morning on Sunday, Monday, Tuesday, Wednesday or Thursday.
(2) The restrictions provided by division (C)(1) above shall not apply to any minor:
(a) Who is accompanied by a guardian, parent or other person charged with the care and custody of the minor or a person over 18 years of age authorized by a parent or guardian to accompany the minor;
(b) Who is traveling between his or her home and place of employment, or between his or her home and church, municipal building, if the 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;
(c) Who is attending a school or church function or activity sponsored by the city;
(d) Who is seeking emergency, medical care for himself or herself or some member of his or her immediate family;
(e) Who is engaged in travel with written parental permission;
(f) Who is engaged in bona fide interstate movement by motor vehicle through the city or beginning or ending in the city;
(g) Who is engaged in situations in which a minor is outdoors but attending sponsored organized and supervised activities, supervised by a responsible adult or organization involving the First Amendment free exercise of religion, freedom of speech or the right of assembly;
(h) 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 the reasonable necessity, specifies the streets, the time and the origin-and destination of travel;
(i) Who is engaged in situations in which a minor is on a sidewalk of the place where the minor resides, or on the sidewalk of a next-door neighbor and not congregating outdoors on another person's private property without the express permission of the owner or other person in lawful control of the property;
(j) 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.
(3) 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 the minor child to be in or upon, or remain in or upon a public place within the city within the curfew hours set out in division (C)(1) above, except as otherwise provided in division (C)(2) above.
(4) 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 (C)(1) above, except as otherwise provided in division (C)(2) above.
(5) (a) When a minor is found to be in violation of this section, the officer will determine if the juvenile is a first time offender; if so, he or she will then be taken to the Police Department or the residence of his or her parent or guardian. Written warning will be given to that parent or guardian. An information report shall be taken by the officer, to include the name and address of the juvenile and parent or guardian and the time, date and location of the offense. This report will be filed in the Police Department records division. The report shall be confidential and shall be subject to disclosure only pursuant to an order of a court of competent jurisdiction.
(b) If, upon investigation, the juvenile is found to be a repeat offender, he or she will be taken to the Police Department or to the residence of his or her parent or guardian and the adult, parent or guardian will be subject to a criminal citation, pursuant to division (C). A report will be filed in the Police Department and entered into the Police Department records division and shall contain the same information and be subject to the same confidentiality provisions as set forth herein.
(c) 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.
(6) 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) above, except as otherwise provided in division (C)(2) above.
(7) If any guardian or parent refuses to take custody of his or her minor child found to be in violation of this section, the officer with custody of the minor shall follow the procedure set forth in G.S. Ch. 7A, Art. 41.
(D) Any person, firm or corporation who violates any provision of this section shall be subject to a fine of up to $500 and/or imprisonment up to six months.
(Ord. 97-10-1, passed 10-14-97)