(A) (1) It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the town, to remain in any motor vehicle operating or parked therein or thereon or to remain in or upon the premises of any establishment within the town unless:
(a) The minor is accompanied by a parent or guardian;
(b) The minor is involved in an emergency;
(c) The minor is engaged in an employment activity or is going to or returning home from the activity without detour or stop;
(d) The minor is attending any activity sponsored by a school, religious or civic organization, or by another similar organization or entity, which activity is supervised by adults and/or the minor is going to or returning home from the activity without detour or stop;
(e) The minor is on an errand at the direction of a parent or guardian and the minor has on his or her possession a writing signed by the parent or guardian containing the following information: the name; signature; address; telephone number of the parent or guardian authorizing the errand; the name of the minor; the minor's destination; and the date and time that the minor is authorized to be engaged in the errand;
(f) The minor is involved in interstate travel through, beginning or terminating in the town; or
(g) The minor is 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.
(2) It shall be unlawful for a minor's parent or guardian to knowingly permit, allow or encourage the minor to violate this section.
(3) It shall be unlawful for a person who is the owner or operator of a motor vehicle to knowingly permit, allow or encourage a minor to violate this section.
(4) It shall be unlawful for the operator of an establishment or any person who is an employee thereof to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution of this section that the operator or employee of an establishment promptly notified the Police Department that a minor was present at the establishment after curfew hours and refused to leave.
(5) It shall be unlawful for any person, including a minor, to give false name, address or telephone number to any officer investigating a possible violation of this section.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. The hours after 11:00 p.m. and before 5:00 a.m. on any day of the week.
EMERGENCY. Unforeseen circumstances or the status or condition resulting therefrom requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to fires, natural disasters, automobile accidents or other similar circumstances.
ESTABLISHMENT. Any privately owned place of business within the town operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to the ESTABLISHMENT, the term “operator” shall mean any person, firm, association, partnership (and the individual members or partners thereof) and/or any corporation (and the individual officers thereof) conducting or managing that establishment.
MINOR. Any person under 18 years of age who has not been emancipated by court order, pursuant the law of the state.
OFFICER. To a police or other law enforcement officer charged with the duty of enforcing the laws of the state and/or the ordinances of the town.
PERSON. An individual, not an association, corporation or any other legal entity.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access, including, but not limited to streets, highways, roads, sidewalks, alleys, avenues, parks and/or the common areas of schools, hospitals, apartment complexes, office buildings and shops.
(C) (1) Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the town during curfew hours is in violation of this section.
(2) If the investigation reveals that the presence of the minor is in violation, then the officer shall issue a written citation to the minor or offender, charging him or her with violation of this section. The officer shall provide a copy of the same to the Town Attorney and the Town Attorney may consider further civil prosecution.
(3) Further, as soon as practicable, the officer shall advise the minor's parent or guardian of the alleged violation. If a parent or guardian is not immediately available, the officer shall issue a written advisement to be mailed by the Police Chief.
(D) If an individual under 18 years of age commits a curfew violation, as defined herein, the parent, guardian or custodian of that individual shall be deemed to have violated this section and the parent, guardian or custodian shall be subject to civil penalties.
(Ord. 3, 2000, passed 10-9-2001; Am. Ord. 16 of 2021, passed 10-11-2021) Penalty, see §
10.99