(A) The purpose of this section shall be to establish a curfew for minors in the town, thus assisting the parents and guardians of minors in the ever increasingly difficult task of child-rearing, and to 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) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GUARDIAN. One who legally has the care and management of the person of a child defined as a MINOR by this division (B).
MINOR. A person who has not reached his or her eighteenth birthday and is not married, emancipated, or a member of the armed services of the United States.
PUBLIC PLACE. Areas such as, but not limited to, all common areas open to all for common use; alleys, streets, or public places, or places of business and amusement; public vehicular areas, highways, and parks; and establishments open to the public for the conduct of business.
(C) A curfew applicable to minors is established and shall be enforced as follows.
(1) Time limits. It is unlawful for any minor to be or remain upon any public place, as defined in division (B) above, 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.
(2) Exceptions. This section does not apply to a minor who is:
(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.
(3) Responsibility of adults. It is unlawful for any parent, guardian, or other person charged with the care and custody of any minor to allow or permit the minor to be in or upon a public place within the town within the curfew hours set by division (C)(1) above, except as otherwise provided in division (C)(2) above.
(4) Responsibility of business establishment. 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 them within the curfew hours set by division (C)(1) above, except as otherwise provided in division (C)(2) above.
(5) Enforcement.
(a) When a minor is found to be in violation of this section, the officer will check the records of the Town Police Department 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 verbal warning will be given to that adult and an information report shall be taken by the officer, to document the violation, which shall include the names of the minor and the adult, and the time, date, and location of the offense. This report will be turned in and filed in the Police Department juvenile records files.
(b) If, upon checking the Police Department records, 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 division (C)(6) below. A written police report will also be completed and filed.
(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.
(6) Aiding and abetting by adult, guardian, or parent. 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) Refusal of guardian or parent to take custody of a minor. If any guardian or parent refuses to take custody of his or her minor child found in violation of this section, the officer with 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 adult will be subject to a criminal citation pursuant to division (C)(6) above.
(8) Emergency curfew. Under the authority of G.S. § 166A-19.31, whenever the Mayor 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 division (C)(1) above, the Mayor may effect the expansion effective for the period of the emergency by proclamation. The proclamation shall contain a statement of the reasons for the 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 or about, public places, as defined by division (B) above, 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. The proclamation may further provide that no parent or guardian of any minor under the age of 16 shall allow the minor to be upon or about, or remain upon or about, any public place, as defined by division (B) above, in the town between the hours of 8:00 p.m. and 5:00 a.m. of the following morning, unless the minor is under the direction or protection of some adult person with authority and consent of the parent or guardian for his or her being there. The proclamation shall become effective 30 minutes after being publicly announced by the Mayor for the period or until rescinded by the Mayor or repealed by the Town Board of Commissioners 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.
(D) This section shall be in full force and effect on 9-1-1996.
(Ord. passed 8-20-1996) Penalty, see § 130.99