[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee 8-2-1994 by Ord. No. 94-50.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 139, Curfews, adopted as Ch. 42 of the
1976 Code.
A.
Persons under 17 years of age shall not loiter or
remain in a public place or establishment or on a public way from
11:00 p.m. until 6:00 a.m. on weeknights and from 12:00 midnight until
6:00 a.m. on weekends.
[Amended 7-7-1998 by Ord. No. 98-48]
B.
ESTABLISHMENT
PUBLIC PLACE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
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.
Any place to which the public or a substantial group of the
public has access and includes streets, highways and the common areas
of schools, hospitals, apartment houses, office buildings, transport
facilities and shops.
The provisions of this chapter do not apply
to:
A.
Persons under the age of 17 who are married or who
have had the status of minority removed by law.
B.
Persons under the age of 17 accompanied by a parent
or guardian or who are on an errand for a parent or guardian or under
a controlled supervised activity with prenotification to the Police
Department of the activity.
C.
Persons under the age of 17 if they are in a motor
vehicle traveling to or from a place of employment or if they are
involved in employment-related activities.
D.
Persons under the age of 17 who are attending or going
to or from school, religious or civic organizational functions or
who are exercising their First Amendment speech and associational
rights in a peaceful manner.
E.
Persons under the age of 17 who are engaged in interstate
or intercity travel.
F.
Persons under the age of 17 who are on a sidewalk
in front of the minor's home or the home of a neighbor wherein the
neighbor knows of and has no concerns with said persons remaining
in front of the house involved.
G.
Persons under the age of 17 who are moving about during
curfew hours due to an emergency that can be verified.
Parent includes a person who is a natural parent,
adoptive parent or stepparent of another person, as well as those
persons who are at least 18 years of age and who are authorized by
a parent or guardian to have care and custody of a minor.
A.
Police officers are to ask and verify, where possible,
the age of any apparent offender and are to inquire into the reasons
for being in a public place during curfew hours. A police officer
may issue a citation only if the officer reasonably believes that
the person has violated this chapter and that none of the exceptions
listed herein are applicable. If a person violates this chapter, he/she
shall be subject to a fine not to exceed $500 for each separate offense.
[Amended 10-20-2009 by Ord. No. 09-28]
B.
A parent or guardian of a minor or an owner, operator
or employee of a business establishment is also subject to a fine
not to exceed $500 if he or she knowingly permits or, by insufficient
control, allows a minor to remain in any public place or on the premises
of any establishment during curfew hours.
The purpose of this chapter is to increase juvenile
safety and to decrease juvenile crime.
