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A curfew applicable to minors is established and shall be enforced as follows.
(A) Time limits. It is unlawful for any minor to be or remain upon any public place, as defined in this chapter, in the town between 12:00 a.m. Friday and 5:00 a.m. on Saturday, or between 12:00 a.m. 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.
(B) Exceptions. The restrictions in division (A) do not apply to a minor who is:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) 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;
(7) 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;
(8) 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
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(C) Responsibility of persons charged with the care and custody of minors. It is unlawful for any parent, guardian or other person charged with the care and custody of any minor to allow or permit such minor to be in or upon, or remain in or upon a public place within the town within the curfew hours set by division (A) above, except as otherwise provided in division (B) above.
(D) 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 be in or upon, or to remain in or upon, any place of business or amusement operated by him, her or them within the curfew hours set by division (A) above, except as otherwise provided in division (B) above.
(1987 Code, § 3-1-16(e)) Penalty, see § 130.99
(A) When a minor is found to be in a public place during the prescribed times, the police officer on duty will check the record book kept in the Police Department of the town to determine if the minor is a first offender. If the minor 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 taken by the officer to include the name of the minor and adult, and the time, date and location of the offense. This report will be entered into the Police Department’s record book.
(B) If, upon checking the record book or the computer system, the minor 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 § 130.05 of this chapter. A report will be entered in the record book.
(C) If the minor is under 12 years of age a report will be made and a copy forwarded to the County Department of Social Services.
(1987 Code, § 3-1-16(e))
(B) If any guardian or parent refuses to take custody of his or her minor child found in violation of this chapter, the officers with custody of said 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 adult will be subject to a criminal citation pursuant to division (A) above.
(1987 Code, § 3-1-16(e)) Penalty, see § 130.99
Under the authority of G.S. § 166A-19.31, whenever the Mayor of the town deems that an emergency exists, and there is a clear and present danger to the preservation of the public peace, health, life or safety or to public or private property in the town necessitating expansion of the curfew provisions set forth in § 130.03(A) of this chapter, the Mayor may effect such expansion effective for the period of the emergency by proclamation. The proclamation shall contain a statement of the reasons for such necessity, the period of the expanded curfew and provide that no minor under the age of 16 shall be upon or about or remain upon of about public places, as defined by this chapter, in the town between the hours of 8:00 p.m. and 5:00 a.m. of the following morning unless accompanied by his or her parent, guardian or responsible adult. Said proclamation may further provide that no parent or guardian of any minor under the age of 16 shall allow the child to be upon or about or remain upon or about any public place, as defined by this chapter, in the town between the hours of 8:00 p.m. and 5:00 a.m. of the following morning unless the child is under direction or protection of some adult person with authority and consent of such parent or guardian for his or her being there. Said proclamation shall become effective for 30 minutes after being publicly announced by the Mayor for the said period or until rescinded by the Mayor or repealed by Council in the manner in which ordinances are repealed. As soon as is reasonably possible the proclamation shall be published and reported in the local media and posted conspicuously about the town.
(1987 Code, § 3-1-16(e))