The purpose of this article shall be to establish a curfew for minors in the town to promote the health, safety, and welfare of both minors and adults in the town.
(Ord. of 10-10-96, § (a))
For the purposes of this article, the following words and phrases shall have the following meanings:
Direct route means the shortest reasonable path of travel or a commonly used route to reach a final destination without any detour or stop along the way.
Emergency means an unforeseen combination of circumstances of the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or death. This term also shall include any action that is reasonably necessary in order to respond to the medical needs of a family member of the minor regardless of whether the minor's action is taken in order to prevent death or serious bodily injury.
Establishment means any privately owned place of business operated for profit to which the public has access or is invited, including but not limited to, any place of amusement or entertainment.
Guardian means a person who is court-appointed to be the guardian of a minor.
Minor means a person who is under the age of 18 years.
Owner/operator means any individual, firm, association, partnership or corporation, operating, managing or conducting any establishment, including the employees, members or partners of an association or partnership and the officers of a corporation.
Parent means a person who is a natural parent, adoptive parent, foster parent or step-parent of another person, or a person to whom legal custody has been given by court order.
Public place means any place that is generally open to and used by the public or a substantial group of the public, whether it be publicly or privately owned, including but not limited to, streets, sidewalks, highways, alleys, rights-of-way, public vehicular areas and parking lots, transportation facilities, theaters, restaurants, shops, bowling alleys, schools and school grounds, places of business and amusement, playgrounds, parks, similar areas that are open to the public, and other common areas open to or accessible to the public.
Remain means to linger or stay in a public place, or to fail to leave the premises when requested to do so by a police officer, or to fail to leave the premises of an establishment when requested to do so by the owner/operator or employee of the premises.
(Ord. of 10-10-96, § (b))
A curfew applicable to minors is established and shall be enforced as follows:
Time limits. It is unlawful for any minor under the age of 18 years to be or remain upon any public place in the town between 1:00 a.m. and 5:00 a.m. on Saturday, or between 1:00 a.m. and 5:00 a.m. on Sunday, or between the hours of 12:01 a.m. and 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
Time limits under 16 It is unlawful for any minor under the age of 16 years to be or remain upon any public place in the town between 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday, and 5:00 a.m. of the following day.
Out-of-school suspensions time limit. It is unlawful for any minor under the age of 16 years who has been suspended from school or has failed to attend school for any reason during regular school hours, who is not in the company of a parent or guardian, to be or remain upon any public place in the town between the hours of 7:30 a.m. and 3:30 p.m. on any school day.
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 such minor to be in or upon, or remain in or upon a public place in the town within the applicable curfew hours set by subsections (1), (2), and (3), except as otherwise provided in section 16-54. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the town during the restricted hours. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
Responsibilities 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 applicable curfew hours set by subsections (1), (2), and (3), except as otherwise provided in section 16-54. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during the restricted hours. The term "knowingly" includes knowledge that an owner, operator or employer should reasonably be expected to have concerning the patrons of an establishment. The standard for "knowingly" shall be applied through an objective test: whether a responsible person in the operator's or employee's position should have known that the patron was a minor in violation of this section.
Aiding and abetting by adult, guardian, or parent. It is unlawful for an adult, guardian, or parent to allow, permit, encourage, aid or abet a minor in the violation of subsection (1), (2), or (3) except as otherwise provided in section 16-54
(Ord. of 10-10-96, § (c))
A minor who is in a public place or establishment in violation of the restrictions established by section 16-53 shall not be in violation of this article if the minor is:
Accompanied by his parent or guardian; or
Accompanied by an adult 18 years of age or older authorized by the parent or guardian of such minor to take the parent or guardian's place in accompanying the minor for a designated period of time and purpose within a specified area; or
Engaged in a lawful employment activity, or using a direct route to or from a place of employment; or
Reacting or responding to an emergency; or
Attending or traveling to or from, by direct route, an official school, religious, or recreational activity that is supervised by adults and sponsored by a public or private school, the town or other governmental entity, a civic organization, or another similar entity that accepts responsibility for the minor; or
Exercising First Amendment rights protected by the United States Constitution or such as the free exercise of religion, freedom of speech, and the right of assembly provided that prior written notice signed by the minor which specifies when, where and in what manner the minor will be in a public place exercising First Amendment rights shall be filed with the office of the chief of police; or
In a motor vehicle with the consent of his parent or guardian engaged in interstate travel through the town or originating and terminating in the town; or
Married or emancipated; or
A member of the armed services of the United States.
(Ord. of 10-10-96, § (d))
It is a defense to prosecution under section 16-53(5) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during the restricted hours established in section 16-53 and refused to leave.
(Ord. of 10-10-96, § (e))
When a minor is found to be in violation of this article, the officer will check with the records clerk of the town police department to determine if the minor is a first offender. If the minor is a first offender, he will be taken to the residence of his parent or guardian, or the parents or guardian will be contacted by the police department to come to the police department to pick up the minor child. At this time a written warning will be given to that adult and minor. A copy of the written warning will then be forwarded to the juvenile division where they will be kept on file.
If, upon checking with the records clerk, the minor is found to be a repeat offender, he will be taken to the residence of his parent or guardian or the parent or guardian will be notified to appear at the police department to pick up the minor and at that time the minor will be subject to criminal citation or a minor petition pursuant to the provisions of section 16-57. The adult will also be subject to criminal citation upon investigation if the parent or guardian is found to have violated the provisions of section 16-53(4). A custody report will be turned into the records division and entered into the police department computer system. A copy of the report will be forwarded to the juvenile detectives of the police department.
If the minor is under 16 years of age, a report will be made and a copy forwarded to the Robeson County Department of Social Services.
(Ord. of 10-10-96, § (f))
Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $100.00 and imprisonment in the discretion of the court in accordance with G.S. 14-4.
In addition to any other applicable penalty, a minor under the age of 16 years who violates any provision of this section is subject to being adjudicated delinquent. The court may, in its discretion, impose any dispositional alterative that is provided in the state juvenile code for any minor who is delinquent.
(Ord. of 10-10-96, § (g))