The following provisions shall be applicable to the creation and enforcement of the curfew:
A. Definitions: As used in this section, the following words shall have the necessary stated meanings:
LOITER OR LOITERING: To be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
PUBLIC PLACE: A place to which the public or a substantial number of the public has access, including, but not necessarily limited to, any street, alley, road, highway, sidewalk, automobile parking lot, school, place of amusement, park, playground, and public building or facility.
B. Unlawful Acts:
1. It shall be unlawful for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to loiter in or upon any public place within the town subsequent to the hour of eleven o'clock (11:00) P.M., or prior to the hour of five o'clock (5:00) A.M., except for purposes of lawful employment, or unless such person under the age of eighteen (18) years is accompanied by the parent or guardian of said person or unless such person is involved in or attending a school, religious, community or athletic activity which includes adult sponsorship and supervision.
2. It shall further be considered and deemed to be an unlawful act for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to be either the driver of or the passenger in any vehicle on a public road, street, highway, or public parking lot, within the time period as proscribed in subsection B1 of this section if such person is not accompanied by his or her parent or guardian, or unless such person is either traveling to or from his or her place of lawful employment, or a school, religious, community, or athletic activity which includes adult sponsorship and supervision.
3. Such person shall be deemed to be in violation of this section, as a loiterer, either on foot or in a vehicle, if such person, following the completion of his or her employment, school, religious, community, or athletic activity, has not taken the most direct route to his home within a reasonable amount of time following the completion of the event.
C. Effective Period: The provisions of this section shall be in effect and enforceable commencing on November 7, 1995, at eleven o'clock (11:00) P.M., and shall remain enforceable throughout the year.
D. Penalty: Any person who violates any of the provisions of section 4-2-5 shall be fined for a first offense within a one (1) year period of time, the sum of forty five dollars ($45.00). Subsequent violations within one (1) year shall result in the person receiving a summons and complaint to appear in the Simla Municipal Court and may result in a fine of up to seven hundred dollars ($700.00). (Res. 64-1995, 11-7-1995; amd. Ord. 319, 8-11-2020)