Town of Selbyville, DE Chapter 80 Curfew

[HISTORY: Adopted by the Mayor and Council of the Town of Selbyville 6-5-1967 by Ord. No. 74. Amendments noted where applicable.]

§ 80-1 Curfew for minors established.

A. It shall be unlawful for any minor under the age of 16 years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official time; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

B. Each violation of the provisions of this section shall constitute a separate offense.

§ 80-2 Parental responsibility.

A. It shall be unlawful for the parent, guardian or other adult person having the care or custody of the minor under the age of 16 years to permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official city time; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor or when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

B. Each violation of the provisions of this section shall constitute a separate offense.

§ 80-3 Exceptions. [1]

Exceptions to the provisions of this chapter apply to the following:

A. Any minor who is married or who has been married.

B. Any minor who is in a vehicle involved in interstate travel.

C. Any minor who is involved in an emergency.

D. Any minor who is on a sidewalk abutting his/her residence or at a next door neighbor.

E. Any minor who is exercising his/her First Amendment rights of free speech, religion or right of assembly.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 80-4 Violations and penalties.

A. Any minor convicted of violating the provisions of this chapter may be fined not less than $5 and no more than $50, plus costs, including Town Attorney fees and Victim's Compensation Fund assessment.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Whenever it shall appear that the Juvenile Court of Sussex County has jurisdiction over any minor charged with the violations of this chapter, the officer or officers having such minors in charge are hereby authorized to deliver such minor or minors to the said Juvenile Court of Sussex County for such action by said Court as said Court shall deem proper.