It shall be unlawful for any child under the age of 18 years to be in
or upon any public highway, park, vacant lot or other public place between
the hours of 10:00 p.m. and 6:00 a.m. Eastern standard time, and 11:00 p.m.
and 6:00 a.m. Eastern standard daylight saving time.
The following shall constitute valid exceptions to the operation of
the curfew:
A.Â
At any time, if the child is accompanied by his or her
parent, legal guardian or other responsible person who is over the age of
21 and approved by the child's parent or legal guardian.
B.Â
Until the hour of 12:30 a.m., if the child is on an errand
as directed by his or her parent or legal guardian.
C.Â
If the child is legally employed, for the period from
1/2 hour before to 1/2 hour after work, while going directly between his or
her home and place of employment. This exception shall also apply if the child
is in a public place during curfew hours in the course of his or her employment.
D.Â
Until the hour of 12:30 a.m., if the child is on the
property of or the sidewalk directly adjacent to the building in which he
or she resides or the buildings immediately adjacent thereto.
E.Â
If the child is coming directly home from a meeting or
a place of public entertainment, such as a movie, play or sporting event.
This exception will apply for 1/2 hour after the completion of such event,
but in no case beyond 12:30 a.m. If the event is not commercial in nature
or does not have a fixed, publicly known time at which it will end, the sponsoring
organization must register the event with the Police Chief or Mayor at least
24 hours in advance, informing him of the time such event is scheduled to
begin, the place at which it shall be held, the time at which it shall end,
and the name of the sponsoring organization.
A police officer who has probable cause to believe that a child is in
violation of this chapter shall take such child to the police station where
the child's parents or guardian shall be immediately contacted. If after this
contact there is still probable cause to believe that the child was violating
this chapter, the child shall be held until the parent or guardian comes to
take the child home. When the parent or guardian arrives, he or she must be
given a copy of this chapter. If no parent or guardian has arrived within
two hours, the child shall be turned over to the custody of the juvenile authorities
until a parent or guardian can take custody of him or her.
A police officer in taking children into custody shall use his discretion
in determining age, and in doubtful cases may require positive proof, and
until such proof is furnished, the officer's judgment shall prevail.
It shall be unlawful for any parent or guardian to permit or by inefficient
control allow a violation of this chapter by a child in his or her custody
or control.
A person violating this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this chapter continues shall constitute a separate
offense.
