(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-increasing 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 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 section.
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.
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 this section, in the town between midnight on Friday and 5:00 a.m. on Saturday or between midnight on 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. The restrictions provided by division (C)(1) above shall not apply to any minor who is accompanied by a guardian, parent or other person charged with the care and custody of the minor or other responsible person over 18 years of age nor shall the restriction apply to any minor who is traveling between his or her home or place of employment, church, municipal building or school where a function is being held.
(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 or remain 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 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 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, by telephone, check with the Town Police Department to determine if the juvenile is a first offender. If the juvenile 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 juvenile and adult and the time, date and location of the offense. This report will be turned in to the Police Department. A copy of the report will be forwarded to the Juvenile Officers of the Police Department.
(b) If, upon checking with the Police Department, the juvenile 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 report will be turned in to the Police Department and entered into the Police Department record system. A copy of the report will be forwarded to the Juvenile Officers of the Police Department.
(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) 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 officers with custody of the minor shall contact the county’s 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-19.15, 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 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 this section, 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 child to be upon or about or remain upon or about any public place, as defined by this section, 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 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 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.
(Prior Code, § 132.02) (Ord. passed 7-9-1992) Penalty, see § 130.99
Statutory reference:
Related provisions, see G.S. § 166A-19.15