A. Definitions: For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this subsection:
MINOR: Any person under the age of eighteen (18).
PARENT: Any person having legal custody of a minor:
1. As a natural or adoptive parent;
2. As a legal guardian;
3. As a person who stands in loco parentis; or
4. As a person to whom legal custody has been given by order of the court.
PUBLIC PLACE: Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. The term shall also include the front or immediate area described herein.
REMAIN: To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four (4) or more persons in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home.
STREET: A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The term street includes the legal right of way including, but not limited to, the cartway or traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street.
TIME OF NIGHT: Is based on the prevailing standard of time, whether Central Standard Time or Central Daylight Time, generally observed at that hour by the public.
YEAR OF AGE: Continues from one birthday, such as the seventeenth to, but not including, the day of the next, such as the eighteenth birthday, making it clear that seventeen (17) or less years of age is herein treated as equivalent to the phrase under eighteen (18) years of age. (2003 Code § 8-1-8)
B. Age And Hour Restrictions: It is unlawful for any person seventeen (17) years of age or less to be or remain in any public place or upon the streets in the town on foot, or to cruise about without a set destination in any vehicle in, about or upon any public place in the town between the hours ending at six o'clock (6:00) A.M. and beginning at ten o'clock (10:00) P.M., Sunday through Thursday, and at twelve o'clock (12:00) midnight, Friday and Saturday, unless:
1. The minor is accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor;
2. The minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor;
3. Where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation; or
4. The minor is on the premises of his home with the permission of the minor's parent, guardian, custodian or other adult person having custody or control of the minor. (Ord. 2011-3, 6-13-2011)
C. Responsibility Of Businesses: It is unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in subsection B of this section.
D. Responsibility Of Parent Or Guardian: It is unlawful for any parent, guardian, custodian or other adult person having custody or control of any minor to suffer or permit or be in efficient control to allow such person to be on any public place within the town between the hours of curfew designated in subsection B of this section.
E. Exceptions:
1. Enumerated: The provisions of this section do not apply if:
a. The minor is accompanied by a parent, guardian, custodian or other adult person having the care, custody or control of the minor;
b. The minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor; or
c. The parent, guardian or other adult person herein has made a missing person notification to the town police department. (2003 Code § 8-2-8)
2. Special Events: The town board of trustees may permit, by resolution or motion, procedures or advance notice or registration with the town of special events or functions sponsored by churches, schools, clubs or other organizations which require minors to be out at a later time.
3. Application For Exemption; Grant Or Denial:
a. A parent, guardian or custodian of such minor may file a written application directed to the town chief of police who may grant a special exemption of enforcement of the curfew provided by this section being required as to such minor, which exemption shall not exceed five (5) consecutive days or, in the alternative, two (2) days of any week for a period of not to exceed thirty (30) days. All requests shall be filed with the town clerk-treasurer or designee. (2003 Code § 8-2-8; amd. 2014 Code)
b. The chief of police shall have the authority to grant or reject any request for an exemption to enforcement of the curfew provided by this section or may reduce the time limit of such exemption. However, any applicant for such exemption feeling aggrieved by the action of the chief of police may file a request for hearing before the judge of the municipal court of the town who shall summarily hear same, and his judgment shall be final. (2003 Code § 8-2-8)
F. Enforcement: A child under eighteen (18) years of age who is taken into custody for the alleged violation of this section may be held temporarily under the care of a peace officer or other person employed by the police department only until the parent of the child, legal guardian, legal custodian, attorney or other responsible adult assumes custody or, if such a person cannot be located within a reasonable time of the taking of the child into custody or if such a person refuses to assume custody, until temporary shelter is found for the child. The temporary custody provided by this subsection shall be utilized as a means of returning the child to the home of the child or other place of shelter. (2014 Code)
G. Penalties: The penalties for violation of this section are as follows:
1. Offense number one: Thirty six dollars ($36.00), plus court costs.
2. Offense number two: Fifty six dollars ($56.00), plus court costs.
3. Offense number three: Eighty eight dollars ($88.00), plus court costs.
4. Parent or guardian allowing minor to violate this section: Eighty eight dollars ($88.00), plus court costs. (2003 Code § 8-2-10; amd. 2014 Code)