[HISTORY: Adopted by the Commissioners of the Town of Ridgely as
indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1981 by Ord. No. 67]
Emergency curfews are to be set by the Chief of Police in the Town of
Ridgely during the time of an emergency situation, such as violent storms,
floods and fires, and for the protection of property and the safety and health
of the town.
A.
During an emergency, the Chief of Police of the Town of Ridgely may set curfews for the safety and welfare of the citizens of Ridgely and for the protection of property from damage and looting. An emergency shall mean, as to this Subsection A, a storm, flood, fire, riot, etc.
B.
A curfew may be set by the Chief of Police of the Town
of Ridgely for such events as Halloween night or trick or treat night or events
of this type when it is in the best interest of the town.
[Added 7-6-1998 by Ord. No. 169]
Failure to comply with any order issued by the Chief of Police pursuant
to this article, or the violation of the curfew established by the Chief of
Police, shall constitute a misdemeanor.
[Adopted 7-6-1998 by Ord. No. 169]
As used in this article, the following terms shall have the meanings
indicated:
An unforeseen combination of circumstances or 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 loss of life.
Any privately owned place of business operated for a profit to which
the public is invited, including but not limited to any place of amusement
or entertainment.
A person who, under court order, is the guardian of the person of
a minor or a public or private agency with which a minor has been placed by
a court.
Any person under the age of 16 years.
Any individual, firm, association, partnership, corporation or other
entity operating, managing or conducting any establishment. The term "operator"
includes the members or partners of an association, partnership, limited liability
company or other similar entity and the officers of a corporation.
Any natural parent, adoptive parent or stepparent of a minor or a
guardian of a minor or any person 21 years of age or over responsible for
the care and custody of a minor.
Any place to which the public or a substantial group of the public
has access, and includes but is not limited to streets, highways and parks
and the common areas of schools, hospitals, apartment houses, condominiums,
office buildings, transport facilities, shops, shopping centers, malls and
other such common areas.
To linger or stay or to fail to leave premises when requested to
do so by a police officer or the owner, operator or other person in control
of the premises.
The prevailing standard of time then being observed in the Town of
Ridgely, whether Eastern standard time or daylight saving time.
The following conduct shall be unlawful, unless otherwise provided herein:
A.
No minor under the age of 16 years shall remain in or
upon any public place or any establishment between the hours of 12:00 midnight
Friday and 6:00 a.m. Saturday or between the hours of 12:00 midnight Saturday
and 6:00 a.m. Sunday or between the hours of 11:00 p.m. and 6:00 a.m. of the
following day on any other day of the week.
B.
No minor between the ages of six and 15 years, inclusive,
shall remain in or about any public place or any establishment between the
hours of 8:00 a.m. and 2:30 p.m. during any school day unless he or she has
written proof from school authorities excusing him or her from attendance
at that particular time, unless accompanied by a parent or guardian or a person
21 years of age or older who has responsibility for the care and custody of
such minor.
C.
No parent shall knowingly permit, or by insufficient
control shall allow, any minor under the age of 16 years to remain in or upon
a public place or an establishment between the hours of 12:00 midnight Friday
and 6:00 a.m. Saturday or between the hours of 12:00 midnight Saturday and
6:00 a.m. Sunday or between the hours of 11:00 p.m. and 6:00 a.m. of the following
day on any other day of the week.
D.
No parent shall knowingly permit, or by insufficient
control shall allow, any minor between the ages of six and 15 years, inclusive,
to remain in or about any public place or any establishment between the hours
of 8:00 a.m. and 2:30 p.m. during any school day unless he or she has written
proof from school authorities excusing him or her from attendance at that
particular time, unless accompanied by a parent or guardian or a person 21
years of age or older who has responsibility for the care and custody of such
minor.
E.
No operator of an establishment or his or her agents
or employees shall knowingly permit any minor under the age of 16 years to
remain upon the premises of such establishment between the hours of 12:00
midnight Friday and 6:00 a.m. Saturday or between the hours of 12:00 midnight
Saturday and 6:00 a.m. Sunday or between the hours of 11:00 p.m. and 6:00
a.m. of the following day on any other day of the week.
F.
No operator of an establishment or his or her agents
or employees shall knowingly permit any minor between the ages of six and
15 years, inclusive, to remain in or about any public place or any establishment
between the hours of 8:00 a.m. and 2:30 p.m. during any school day unless
he or she has written proof from school authorities excusing him or her from
attendance at that particular time or unless accompanied by a parent or guardian
or a person 21 years of age or older who has responsibility for the care and
custody of such minor.
A.
It shall be a defense to prosecution of the offenses set forth in § 85-5 if the minor was:
(1)
Accompanied by the minor's parent or guardian or
a person 21 years of age or older who has responsibility for the care and
custody of such minor.
(2)
On an errand at the direction of the minor's parent
or guardian without any detour or stop.
(3)
In a motor vehicle involved in interstate travel.
(4)
Engaged in an employment activity or going to or returning
home from an employment activity without any detour or stop.
(5)
Involved in an emergency.
(6)
On the sidewalk abutting the minor's residence or
abutting the residence of a next-door neighbor if the neighbor did not complain
to the Police Department about the minor's presence.
(7)
Attending a Commissioners of Ridgely event or an official
school, religious or civic activity or attending a recreational activity supervised
by adults and sponsored by the Commissioners of Ridgely or other governmental
entity, a civic organization or another similar entity that takes responsibility
for the minor or going to or returning home from, without any detour or stop,
a Commissioners of Ridgely event or an official school, religious or civic
activity or a recreational activity supervised by adults and sponsored by
the Commissioners of Ridgely or other governmental entity, a civic organization
or another similar entity that takes responsibility for the minor.
(8)
Married or had been married.
B.
It shall be a defense to prosecution of an operator of an establishment, pursuant to § 85-5E and F, if the operator of the establishment or the operator's employees or agents promptly notified the Ridgely Police Department that a minor was present on the premises of the establishment during the curfew hours and refused to leave.
A.
Any police officer who finds a minor violating any provision of § 85-5 of this article shall obtain from such minor the minor's name, address, home telephone number and age and the name, address and home telephone number of the minor's parent or parents. The minor shall thereupon be instructed to proceed immediately to his or her home or to proceed directly to his or her school, if it is during school hours. The Ridgely Police Department shall promptly cause a written notice to be mailed or delivered to the parents of the minor advising of the violation. Such notice shall be mailed to a parent by certified mail, postage prepaid, return receipt requested, or by personal delivery. Such mailing or delivery may be shown by the records of the Ridgely Police Department made in the regular course of its business.
